July 24, 2000

Minutes –Approve the minutes of July 10, 2000

Bid Openings

1.     Transit Shelter Installation Project TS00-995 (Opened on July 20, 2000)

2.     One New Current Year Steel Faced, Walk Behind Roller for Street Division (Opened at 2:30)

3.     Presentation on Multi-Use Facility

4.     Sports Saloon, Inc. dba Murphy’s Bar, 510 Ninth Street, for an On-Sale Liquor License Transfer and Sunday Opening (from DD, Inc.)

Set for Hearing (July 24, 2000)

5.     Outback Midwest II, LP dba Outback Steak House, 665 E. Disk Drive, for an On-Sale Liquor License Transfer and Sunday Opening (from Brandie’s)

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.

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Set for Hearing (July 24, 2000)

6.     No. 00PD033 - An application by Centerline for Jan Gray for a Planned Development Designation on property described by metes and bounds beginning at the northwest corner of Section 26, T1N, R7E, BHM, thence N89°59’52.8"E, 1818.07 feet to point No. 100, the true point of beginning, thence N89°59’44.6"E, 506.08 feet to point No. 6, thence S0°07’49"W, 1277.08 feet to point No. 7, thence on a left curve with R=2939.79’, arc of 52.23’ to point No. 5, thence S89°55’56"W, 642.31 feet to point No. 12, thence N0°01’41.6"E, 662.79 feet to point No. 11, thence N13°33’40.9"E, 681.81’ to point No. 100, the true point of beginning, this parcel containing 18.9890 acres, more or less, located on the east side of U.S. Highway 16, north of the Waterslide Park.

7.     No. 00PD034 - An application by Ron Baker for Western Management Corporation for a Planned Residential Development - Initial and Final Development Plan on Parcel D of MJK Subdivision, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of the intersection of East Minnesota Street and Odde Drive.

8.     No. 00UR025 - An application by Sara and Blair Anhorn for a Use on Review to allow a Child Care Center on the south 156.52 feet of Lot C of the SW1/4 of the SE1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2710 North Haines Avenue.

9.     No. 00UR026 - An application by Leo R. Holway for a Major Amendment to a Use on Review for an On-Sale Liquor Establishment to allow an outdoor beer garden on Lot B of Lot 1 of Block 2 of Feigels Addition, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1028 East North Street.

10.     No. 00UR027 - An application by Scott Kenner for the South Dakota School of Mines and Technology for a Use on Review to allow water-monitoring structures in the Flood Hazard Zoning District on Tract 35, Rapid City Greenway Tracts, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on Rapid Creek southwest of the intersection of Centre Street and Cambell Street.

11.     No. 00UR028 - An application by Scott Kenner for the South Dakota School of Mines and Technology for a Use on Review to allow water-monitoring structures in the Flood Hazard Zoning District on Tract 12 less Lot 1 of Tract 12, Rapid City Greenway Tracts, Section 34, T1N, R8E, (also in Section 3, T1N, R7E) BHM, Rapid City, Pennington County, South Dakota, located on Rapid Creek northeast of the intersection of West Main Street and Dakota Drive.

12.     No. 00UR029 - An application by Scott Kenner for the South Dakota School of Mines and Technology for a Use on Review to allow water-monitoring structures in the Flood Hazard Zoning District on Tract 4 and the north 27 feet of vacated Flormann Street, Rapid City Greenway Tracts, Section 9, T1N, R7E (also in Section 10, T1N, R7E), BHM, Rapid City, Pennington County, South Dakota, located on Rapid Creek northeast of the intersection of Park Drive and Western Avenue.

13.     No. 00UR030 - An application by Scott Kenner for the South Dakota School of Mines and Technology for a Use on Review to allow water-monitoring structures in the Flood Hazard Zoning District on Tract M-1 of the NW1/4, NW1/4 of Section 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on Rapid Creek northeast of the intersection of Magic Canyon Road and Trout Court.

14.     No. 00UR031 - An application by Scott Kenner for the South Dakota School of Mines and Technology for a Major Amendment to a Use on Review to allow water-monitoring structures in the Flood Hazard Zoning District on Tract 8, Rapid City Greenway Tracts, Section 3, T1N, R7E (also in Sections 4 and 10, T1N, R7E), BHM, Rapid City, Pennington County, South Dakota, located on Rapid Creek between Fitzgerald Stadium and Storybook Island.

Legal & Finance Committee Items
15.     Approve Joint Intergovernmental Agreement for Administration of Air Quality Program.

16.     Approve Resolution to Change the Road Named Winslow Place and Winslow Court to Windslow Place on the north-south right-of-way known as Windslow Place adjacent to Lots 10, 12-15, 16 Revised, 17 Revised and 23 Revised, Block 23, Robbinsdale Addition No. 10, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, extending south from Windslow Drive.

17.     Authorize Mayor and Finance Officer to sign Satisfaction of Mortgage from the City of Rapid City to GFI America, Inc.

18.     Authorize Mayor and Finance Officer to sign Revocable Non-Build Easement with the South Dakota Stockgrower’s Association.

19.     Acknowledge the report on number of malt beverage licenses eligible for video lottery which shows that Rapid City is not eligible for any additional video lottery licenses.

20.     Authorize Mayor and Finance Officer to sign Humane Society Animal Control and Animal Shelter Agreement.

21.     Approve Resolution Establishing Capitalization Policy.

22.     Authorize Mayor and Finance Officer to sign Agreement with Johnson Control Regarding Library/Dahl Fine Arts for services from September 1, 2000, to August 31, 2001, in an amount of $5,596 which is a 2% increase over the $5,435 price currently in effect.

23.     Authorize the expenditure of up to $5,000 from the Council Contingency Fund for the airport annexation correction as per Council action on June 19, 2000.

24.     Authorize the expenditure of up to $30,000 from the capital line item under the Planning Department budget. If the new lap tops are an improvement over the ones the Council has now, they will be purchasing new ones and turning their old ones over to the Planning Commission.

25.     Authorize the hiring of an audio/video consultant to prepare a design to upgrade the Council Chambers.

26.     Authorize the Mayor and Finance Officer to sign an Agreement with Rapid City Youth Boxing, Inc. for 2012 Funding in the amount of $75,000.

27.     Authorize Mayor and Finance Officer to Sign Renewal of Medical Director Agreement.

28.     Approve the following licenses: Electrical Apprentice: Robert Dyczek, Scott Gary, Scott Koenig, Plumber: Scott Piebenga; Residential Contractor: Candlewick Construction, Inc., Greg Sears & Robert Miller; Hagg Development, L.L.C., Kent Hagg, Brian Hagg, Rex Hagg.

29.     Authorize staff to install Power Point on the Council member’s lap top computers with the funding of $67 each coming from the Council Contingency Fund.

30.     Approve the Mayor’s appointment of Dave Parker and Paul Swedlund to the Planning Commission.

31.     Approve the following appointments made by the Mayor: Al Campbell will remain on the City/School Committee Task Force as a representative of the community and Leah Lutheran will replace him as the school board representative; and expand the Fairgrounds Task Force by adding Mel Dreyer and Jerry Munson from the Council and Ken Davis from the county commission.

Public Works Committee Items
32.     Approve Change Order No. 01F for ST99-605, Minnesota Street Extension Project to Heavy Constructors, Inc. for an increase of $795.89.

33.     Approve Change Order No. 02 for SSW97-696, Haines Avenue Water & Sanitary Sewer Force Main Improvements Project to Heavy Constructors, Inc. for an increase of $31,359.62.

34.     Approve Change Order No. 01F for ST99-892, West Boulevard North Paving Project to Hills Materials Company for a decrease of $979.69.

35.     Authorize staff to advertise for bids for PR00-934 Bicycle Path Repair Project.

36.     Authorize the Mayor and Finance Officer to sign Amendment No. 01 to Professional Service Agreement dated February 7, 2000 with Ferber Engineering Company to Design Central Blvd. & Arrowhead Drive Utilities, Drainage and Street Reconstruction Project an amount not to exceed $6,615.

37.     Approve Resolution Setting Time and Place for Hearing on August 21, 2000 for Assessment Roll for ST99-892, West Boulevard North Paving Project.

38.     Authorize Staff to Advertise Requests for Proposals for the Meadowbrook Golf Course Clubhouse.

39.     Approve the Infrastructure Development Partnership Loan Requests in the amount of $66,500 for the Skyline Pines project; and $126,740 for the Skyview South project with the provision that an agreeable utility hookup arrangement be negotiated.

40.     Approve the Evaluation Procedures for Design-Build Procurement of Public Contracts for a Multi-Use Facility.

41.     Authorize Staff to Advertise Request for Qualifications for Design-Build Firms to design and construct a Multi-Use Facility.

42.     Authorize the City Attorney to initiate legal action to complete subdivision improvements in the Edinborough/South Hills Subdivision unless certain improvements are completed by an agreed upon date.

End of Consent Calendar

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Public Hearings
43.     Lease of Land with Oakland Development Company

Planning Department Consent Items
44.     No. 99PL049 - An application by Doug Sperlich for Dennis Zandstra for a Final Plat on Lots 4 and 5 of Block 5, Lots 1 thru 7 of Block 8 and Lots 1 and 2 of Block 13 of Elks Country Estates (formerly a portion of Block 5 of Elks Country Estates and a portion of Tract 1) located in E1/2 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Jolly Lane, Augusta Drive, Lions Paw Court, and Hazeltine Court.

45.     No. 99PL105 – An application by Fisk Engineering Company for Builders Preferred for a Preliminary and Final Plat on Lot 1 Revised of Trimble Subdivision, Lots 17 and 18 of Block 1 and Lot 1 of Block 3 of Terracita Highlights Subdivision, and dedicated right-of-way, formerly all of Lot 1 of Trimble Subdivision and a portion of the unplatted portion of the S1/2 NE1/4 of Section 14, T1N, R7E, all located in Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of City View Drive and Alta Vista Drive.

46.     No. 99PL139 - An application by Milt Browning for a Preliminary and Final Plat on Lots 9R and 10R, Block 4, Green Valley Estates, Section 23, T1N, R8E, BHM, Pennington County, South Dakota, located at 6651 Green Drive.

47.     No. 00PL001 - An application by Davis Engineering for Mark Treadwell for a Lot Split on Lot A of Lot 2 of Tract 4R and Lot B of Lot 2 of Tract 4R of Arches Addition, formerly: Lot 2 of Tract 4R of Arches Addition all located in: E1/2 SE1/4 of Section 11, T1N, R7E, BHM, W1/2 SW1/4 of Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of U.S. Highway 16 and Cathedral Drive.

48.     No. 00PL015 - An application by Davis Engineering for G & R, Inc. for a Final Plat on Lots 11 thru 13, Block 6, Lots 9 thru 14, Block 7, and Lots 1 thru 7, Block 8 of Subdivision 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 on Reservoir Road approximately 1/4 mile south of Twilight Drive.

49.     No. 00PL036 - An application by Doug Sperlich for Gary Rasmusson for a Final Plat on Lots 2 through 6, Block 3, and Lots 15 through 18, Block 3, Drainage Lot, Block 3, and Lots 5 through 7 of Block 4, Robbinsdale Addition No. 10, located in SE1/4 of NE1/4 and the NE1/4 of SE1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Winslow Drive and Nebraska Street.

50.     No. 00PL039 - An application by Dream Design, Inc. for BGW Development Co. LLC for a Preliminary and Final Plat on Lots 1-11, Block 1, Lots 1-19, Block 2, Lots 1-7, Block 3, Lots 1-3, Block 4 and Lot 1, Block 7, Red Rock Canyon Estates, Section 29, T1N, R7E, BHM, Pennington County, South Dakota, located north and east of Countryside Subdivision.

51.     No. 00PL041 - An application by Linden Evans for Debbie Fisher for a Lot Split on Lot O Revised and Lot U Revised of Tract A of Schlottman Addition, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of E. St. Patrick Street and Sedivy Lane.

52.     No. 00PL045 - An application by Dream Design International for Helgeson Co. for a Preliminary and Final Plat on Lot 1 Revised of Trimble Subdivision less dedicated public right of way located in Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of U.S. Highway 16 and west of Texas Street.

53.     No. 00PL048 - An application by Gary Renner for Dacotah Cement for a Preliminary and Final Plat on Lot 1 of Limestone Tunnel Subdivision located in the SW1/4 of the NE1/4 and the SE1/4 of the NE1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, located approximately 1/4 mile south of the intersection of Universal Drive and S.D. Highway 79 on the west side of S.D. Highway 79.

54.     No. 00PL049 - An application by Robert Schmitz for a Preliminary and Final Plat on Lot 2 of Barbara Subdivision, Section 23, T2N, R6E, BHM, Pennington County, South Dakota, located at 8970 Nemo Road.

55.     No. 00PL053 - An application by Fisk Engineering for a Lot Split on Lot 1 of MDU Subdivision and Lot B Revised of Tract 32 of Rapid City Greenway Tracts formerly all of Block 17 of Brennan and Sweeney's Addition and adjoining vacated right-of-way, including the S1/2 of Sacramento Street, the W1/2 of Brennan Avenue, the N1/2 of St. Joseph Street, the alley in Block 17, and a portion of Steele Avenue, and all of Lot B of Tract 32 of Rapid City Greenway Tracts, all located in the E1/2 NW1/4 and NE1/4 SW1/4 of Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Steele Avenue and East Saint Joseph Street.

56.     No. 00PL054 - An application by FMG, Inc. for Dave Olson for a Preliminary and Final Plat on Lots 6 and 7 of Block 1 and Lots 1 through 5 of Block 2 of Winton Subdivision, located in the NE1/4 NE1/4 and SE1/4 NE1/4 of Section 26, T1N, R8E, BHM, Pennington County, South Dakota, located west of the Rapid City sewage treatment plant and south of Green Valley Estates.

57.     No. 00PL055 - An application by Wyss Associates for B.E. Development for a Preliminary and Final Plat on Lots 1 through 11 of Block 1 and Lots 1 through 11 of Block 2 of Skyview North Subdivision and Lot 25R of Minnewasta Subdivision (formerly Lot 25 of Minnewasta 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.

58.     No. 00PL056 - A request by Garry Neiderworder for Inez Shaver for a Layout Plat on Parcel A and Parcel B of the north portion of Parcel No. 1 located in the W1/2, NW1/4 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Jackson Boulevard and Valentine Street.

59. No. 00PL057 - A request by FMG, Inc. for Menard, Inc. for a Lot Split on Outlots 1, 2, & 3 of Menard Subdivision, and Dedicated Right of Way, all located in SE1/4 NW1/4, and NE1/4 NW1/4, and NW1/4 NE1/4, and SW1/4 NE1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of U.S. Highway 16 and East Anamosa Street.

60.     No. 00PL058 - A request by Doug Sperlich for Skyline Pines Development, L.L.C. for a Preliminary Plat on Lots 1 through 7, Block 1, Skyline Pines Subdivision, Section 10, T1N, R7E also located in Section 11, T1N, R7E; Lots 1 through 10, Block 2, Lots 1 through 16, Block 3 and Lot 1 of Block 4, Skyline Pines Subdivision, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located approximately 1/4 mile north of the intersection of Tower Road and Skyline Drive.

61.     No. 00PL059 - A request by Dream Design International for a Preliminary and Final Plat on Lot 2 Revised and Lot 3, formerly Lot 2 and Lot B Revised all located in Blocks 14 and 15 of South Boulevard Addition in the NW1/4 of Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Sixth Street and Saint Anne Street.

62.     No. 00PL060 - A request by Dream Design International for a Preliminary and Final Plat on Lots 1 through 5 of Autumn Hills Plaza Subdivision located in W1/2 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of Catron Boulevard and Sheridan Lake Road.

63.     No. 00PL061 - A request by Renner and Sperlich for D.L.A., LLC for a Lot Split on Lots 13A and 13B of Block 3, The Meadows Subdivision (formerly Lot 13 of Block 3 of The Meadows Subdivision) located in the NW1/4 of the SE1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located approximately 500 feet south of the intersection of East Minnesota Street and Derby Lane.

64.     No. 00PL062 - A request by Renner & Sperlich Engineering for Larry Lewis for a Layout, Preliminary and Final Plat on Lot 14A and Lot 14B of Block 1 of Parkridge Village Subdivision No. 2, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current terminus of Olympic Court.

65.     No. 00PL063 - A request by Fisk Engineering for Rapid City Economic Development Foundation for a Lot Split on Lot 8, Block 1, South Creek Industrial Park, Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Lombardy Drive and Creek Drive.

66.     No. 00PL064 - A request by Renner & Sperlich Engineering for Olde Glory Marketing for a Layout Plat on Lots 13 and 14 of Canyon Shadows Subdivision, Section 8, T1S, R7E, BHM, Pennington County, South Dakota, located at the intersection of 57th Avenue West and Bears Loose Road.

67.     No. 00PL065 - A request by Doug Sperlich for Gordon Howie for a Final Plat on Lots 1 through 11 of Block 12; Lots 1 through 14 of Block 14; and Lots 1 through 6 of Block 15 - all of Trailwood Village (formerly a portion of Tract T of Trailwood Village) located in the SE1/4 of the SE1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at the intersection of East 53rd Street and Mercury Drive.

68.     No. 00PL066 - A request by Sandra Runde for Franklin Simpson for a Preliminary and Final Plat on Tract A of Fountain View Subdivision in the E1/2 NW1/4 SW1/4 Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of the existing terminus of Harmony Heights Lane.

69.     No. 99PL107 - An application by Renner & Sperlich for Steve Lester for a Final Plat on Lots 1 & 2 of Lot K-4 (formerly the Balance of Lot K-4 less Lot H-1) of Marshall Heights Tract located in the NE1/4 of the SW1/4 of Section 30, T2N, R8E, BHM Rapid City, Pennington County, South Dakota, located at the intersection of Rapp Street and LaCrosse Street.

70.     No. 00PL010 - An application by Davis Engineering for Doty Volunteer Fire Department for a Preliminary Plat on Lot 1 of Fire House Subdivision, formerly: unplatted all located in: SE1/4 SW1/4 of Section 23, T2N, R6E, BHM, Pennington County, South Dakota, located approximately three miles from the City Limits on Nemo Road near the Doty School site.

Planning Department - Hearings
71.     No. 99PD039 - An application by Robb Schlimgen for a Planned Commercial Development Initial and Final Development Plan on Lot 2 of Lot K-4 of Marshall Heights Tract located in SW1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of LaCrosse Street and Rapp Street.

72.     No. 00PD023 - An application by Wyss Associates for B.E. Development for a Planned Residential Development - Final Development Plan on property described by metes and bounds beginning at the intersection of Sections 10, 11, 14 and 15 of Township 1 North, Range 7 East, BHM, travel 143.55 feet bearing N 0° 21’ 02" E, thence 501.90 feet bearing N 24° 48’ 28" W. This is the point of beginning. Commencing at the point of beginning, travel 304.9 feet bearing S 67° 43’ 38" W, thence 98.72 feet bearing S 82° 23’ 55" W, thence 108.07 feet bearing N 82° 55’ 53" W, thence 164.61 feet bearing N 49° 32’ 29" W, thence 133.32 feet bearing N 21° 09’ 41" W, thence 146.18 feet bearing N 61° 04’ 40" W, thence 50.52 feet bearing N 5° 26’ 38" E, thence 50.56 feet bearing N 53° 41’ 30" W, thence 148.08 feet bearing S 84° 54’ 36" W, thence 72.78 feet bearing N 64° 42’ 04" W, thence 91.66 feet bearing N 17° 29’ 57" W, thence 52.49 feet bearing N 60° 01’ 19" W, thence 322.51 feet bearing N 0° 10’ E, thence 587.14 feet bearing S 89° 38’ E, thence 924.89 feet bearing N 0° 10’ E, thence 520.87 feet bearing S 89° 57’ E, thence 595.72 feet bearing S 13° 4’ 37" E, thence 483.06 feet bearing S 12° 41’ 20" W, thence 371.36 feet bearing S 22° 48’ 48" W, thence 272.90 feet bearing S 24° 48’ 55" E to the point of beginning; and Lot 25 of Block 1 of Minnewasta Subdivision, located in the E1/2 of the SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Penington County, South Dakota, at the east end of Harney Road.

73.     No. 00PD026 - An application by Dream Design for Century Resources, Inc. for a Major Amendment to a Planned Commercial Development to change the building footprint and parking on Lot 2 and the East 236.12 feet of Lot B Revised of Block 14 and 15 of South Boulevard Addition, Section 12, T1N, R7E, Rapid City, Pennington County, South Dakota, located at the intersection of Saint Anne Street, Sixth Street, and Flormann Street.

74.     No. 00PD027 - An application by Philip Hunter for a Planned Development Designation on the south 237 feet of Lot 5, Harter Tract, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2326 Canyon Lake Drive.

75.     No. 00PD030 - A request by Schlimgen Design Consultants for R & R Realty for an application for a Major Amendment to a Planned Commercial Development to change the building footprint and parking on Tract B Revised of Walpole Heights Subdivision in the N ½ of SE ¼ of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at the East ¼ Corner of said Section 11, thence N 89º 16’ 10" W a distance of 265.9 feet along the ¼ line of Section 11; thence S 08º 53’ 32" W a distance of 289.29 feet along the westerly right-of-way line of U.S. Highway 16; thence S 0º 06’ 28" E a distance of 280.14 feet along the westerly right-of-way line of U.S. Highway 16 to a point marked by a 5/8" iron pin with cap marked "Renner 2652 & Sperlich", such point marking the northeasterly corner of said Tract B and such point being the POINT OF BEGINNING; thence S 0º 05’ 02" E a distance of 26.02 feet along the westerly right-of-way line of U.S. Highway 16; thence S 0º 15’ 33" E a distance of 96.61 feet along the westerly right-of-way line of U.S. Highway 16; thence S 55º 27’ 32" W a distance of 95.33 feet; thence S 67º 04’ 39" W a distance of 90.08 feet; thence S 54º 45’ 23" W a distance of 107.00 feet; thence N 34º 35’ 20" W a distance of 302.90 feet; thence N 55º 23’ 34" E a distance of 32.61 feet; thence N 34º 40’ 46" W a distance of 8.97 feet to a point on the southerly right-of-way line of Fairmont Blvd.; thence N 55º 19’ 14" E a distance of 7.10 feet along the southerly right-of-way line of Fairmont Blvd.; thence a distance of 266.36 feet easterly along a curve of the southerly right-of-way line of Fairmont Blvd. to a point of reverse curvature, the forward tangent of said curve bearing N 55º 19’ 14" E and which curve is convex to the northwest and northeast, with a radius of 260.00 feet and a central angle of 58º 41’ 53"; thence a distance of 143.15 feet easterly along a curve of the southerly right-of-way line of Fairmont Blvd. whose forward tangent bears S 65º 58’ 53" E and which curve is concave to the northeast with a radius of 340.00 feet and a central angle of 24º 07’ 23", to the POINT OF BEGINNING, containing 1.970 acres, more or less, located at 2707 Mount Rushmore Road.

76.     No. 00PD031 - A request by Lee Geiger for First Western Bank Sturgis for a Planned Commercial Development - Initial Development Plan on Lots 1-16, Block 4 of Riverside Addition, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Omaha Street and West Boulevard.

77.     No. 00PD032 - A request by Gary Renner for Buescher Frankenberg Associates, Inc. for a Major Amendment to a Planned Commercial Development to increase the Walmart building footprint and parking on Lots 4A, 4B and 5R of Meridan Subdivision, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of LaCrosse Street and Anamosa Street.

78.     No. 00SV011 - A request by Gary Renner for Dacotah Cement for a Variance to the Subdivision Regulations to waive the requirement for all street improvements, paving, curb, gutter, dry sewer and water lines on Lot 1 of Limestone Tunnel Subdivision located in the SW1/4 of the NE1/4 and the SE1/4 of the NE1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, located approximately 1/4 mile south of the intersection of Universal Drive and S.D. Highway 79 on the west side of S.D. Highway 79.

79.     No. 00UR020 - A request by Black Hills Heritage Festival for a Major Amendment to a Use on Review to allow temporary structures in the Flood Hazard Zoning District for the Black Hills Heritage Festival on Tract 20, Rapid City Greenway Tracts, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at Memorial Park - west of Fifth Street between Omaha Street and New York Street.

80.     No. 00UR023 - A request by Johnny Sundby for a Use on Review to allow a private residential garage and accessory structures in excess of 1,000 square feet on Lot 18 of the E1/2 of the NE1/4 less the north 40 feet, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4780 Easy Street.

81.     No. 00VR007 - A request by Olson Remodel & Construction for a Vacation of Right of Way on the 25 foot wide public right-of-way lying adjacent to Lots 1R, 2R and 3R of Harms Tract, Section 8, T1N, R7E, BHM, Pennington County, South Dakota, located at 5250 Power Street.

Ordinances & Resolutions
82.     Second Reading, Ordinance 3572 (No. 00RZ016) An application by Philip Hunter for a Rezoning from Low Density Residential to Medium Density Residential on the south 237 feet of Lot 5, Harter Tract, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2326 Canyon Lake Drive. (6/5/00:#189)

83.     Second Reading, Ordinance 3582 (No. 00RZ023) An application by Lee Geiger for First Western Bank Sturgis for a Rezoning from Light Industrial to General Commercial on Lots 1 through 7, Block 4, Riverside Addition, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Omaha Street and West Boulevard.

84.     Second Reading, Ordinance 3586 (No. 00RZ026), an application by TSP Three for Montana Dakota Utilities for a Rezoning from the Flood Hazard Zoning District to Light Industrial Zoning District on a tract of land in Lot B of Tract 32 of Rapid City Greenway Tracts, in Rapid City, Pennington County, South Dakota, more fully described as follows: beginning at the intersection of the centerlines of vacated East St. Joseph Street and vacated Brennan Avenue, marked by a 3" diameter pipe; Thence S00° 07’51"W along the centerline of vacated Brennan Avenue, a distance of 296.15 feet to a rebar with a survey cap No. 1771 on the north right-of-way line of the DM&E Railroad; Thence curving northwesterly to the left along said right-of-way line on an arc of radius 2,914.93 feet and chord of N58° 33’57"W, 473.52 feet an arc distance of 474.04 feet to a rebar; Thence, continuing along said right-of-way N58° 25’21"W a distance of 30.17 feet to a rebar on the centerline of vacated East St. Joseph Street; Thence, S89° 52’40"E along said centerline, a distance of 407.35 feet to the point of beginning. Said Tract contains 1.30 acres, more or less, located in Section 6, T1N, R8E, located at 718 Steele Avenue.

85.     First Reading, Ordinance 3587, Air Quality Ordinance

Legal & Finance Committee
86.     Permanently change the Public Works and Legal and Finance Committee meetings to Wednesdays with the Public Works Committee meeting beginning at 1:15 p.m. and the Legal and Finance Committee meeting following (beginning with the August meetings).

87.     Approve Resolution to Establish the Position of Air Quality Specialist.

88.     Approve an Electrical Apprentice License for Tom Murphy.

89.     Request from the Rapid City Club for Boys for $1 million from the City’s 2012 Fund for FY2000

90.     Direct staff to locate "Alderperson Items/Liaison Reports" immediately after items from the Mayor on the Council’s Agenda.

Public Works Committee Items
91.     Approve the installation of a mailbox in the public right-of-way at 814 Blaine Avenue for Calvin D. Van Orman, property owner; and allow an increase in the height to forty-two inches (42").

92.     Approve with stipulations No. 00VE007, an application by Robert Grimm for a Vacation of Private Utility Easement on ten foot wide private sewer service line easement, except for that portion of the easement located within the eighty-seven foot wide drainage and utility easement, across Lot 1 and Lot 7, Grimm Addition, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of S.D. Highway 44 East and Creek Drive.

93.     Recommendation from the Solid Waste Committee recommendation to site a co-compost facility at the Material Recovery Facility

94.     Authorize the Mayor and Finance Officer to sign a South Dakota Department of Transportation Letting, Financial and Maintenance/Encroachment Agreement for Project P 1669(42) PCEMS 5191 and PCEMS X078 – 5th Street from Columbus to Omaha.