September 5, 2000

MINUTES – Correct the minutes of August 7, 2000 to show the award of the Custom Fire Apparatus to Pierce Manufacturing, Inc.; and approve the minutes of August 21 and August 30, 2000

1.     Copy Management Contract for the Police Department (Opened on August 28, 2000)

2.     Fifth Street Sidewalk Reconstruction Project MIP00-974 (Opened on August 31, 2000)

3.     Wilderness Park/Belmont Street Drainage Improvements Project DR00-913 (Opened on August 31, 2000)

4.     Downtown Node Reconstruction Project IDP00-984 (Opened at 2:00)

5.     United Downtown Association, an application for a Special Malt Beverage License to be used on September 8, 2000 for a Street Dance on Sixth Street between Main and Rapid Street.

Set for Hearing (None)

6.     Authorize consumption of alcoholic beverages at The Journey Museum, 222 New York Street, on September 29, 2000 (CC090500-04)

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 18, 2000)

7.     No. 00PD040 - An application by ARC International, Inc. for Westside Baptist Church for a Major Amendment to a Planned Residential Development on Lot 3B less Lot H1, Fairway Hills PRD, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4024 Sheridan Lake Road.

8.     No. 00PD041 - An application by Peggy Nielsen and Marcia Houk for a Planned Development Designation on Lots 1 and 2 of Shaver Tract Subdivision 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 east of Jackson Boulevard and south of Shaver Street.

9.     No. 00PD042 - An application by Timberline Corp. for a Planned Development Designation on Tract G of Fountain Springs Business Park, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at South Plaza Drive and Plaza Boulevard.

10.     No. 00PD043 - An application by Dream Design International, Inc. for Century Resources for a Planned Development Designation on Lots 12 through 18 of Block 17 of South Boulevard Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Flormann Street and 7th Street.

Legal & Finance Committee Items

11.     (LF083000-01) Approve Change Order No. 1 to McKie Ford, purchase of Police Vehicles, for an increase of $4,550, for a total contract amount of $106,513.

12.     Approve Juvenile Accountability Block Grant from the Department of Corrections for the year 2000. The value of this is $97,272 with a required match of $10,919.11

13.     Authorize staff to advertise for "Request for Proposals" to do design work for the construction of the Fire Station on Highway 16 (Station #6)

14.     Approve travel request for Council members and the Mayor to attend the National League of Cities Conference in Boston in November.

15.     Approve the appointment of Ron Kroeger, Alan Hanks, and Rick Kriebel to the Commercial Signs in Public Right of Way Committee.

Public Works Committee Items

16.     Approve the Bid Award of PR00-969, Sioux Park Phase III Project to RCS Construction, the lowest responsible bidder meeting specifications, based on their low unit prices bid, for a total contract amount of $2,124,600.

17.     (PW083000-01) Approve Change Order No. 1F for PR00-987, Pete Lien Ball Field Lighting for an increase of $1078.00.

18.     (PW083000-02) Authorize Staff to Advertise for Bids for IDP-00-1012, Rapid City Youth Boxing Facility.

19.     (PW083000-03) Authorize Staff to Advertise for Bids for GC00-1013, Meadowbrook Golf Course Maintenance Storage Building.

20.     (PW083000-04) Authorize the Mayor and Finance Officer to sign a Professional Service Agreement with FMG, Inc. to perform observation and testing on Wilderness Park Detention Pond for an amount not to exceed $5396.25.

21.     (PW083000-05) Authorize the Mayor and Finance Officer to sign an Amendment to Professional Service Agreement for DR99-909, South Robbinsdale Drainage Channel, dated Sept. 7, 1999 with Renner and Sperlich Engineering Co. to increase the amount by $2596.90, bringing the total contract amount to $10,266.90.

22.     (PW083000-06) Authorize the Mayor and Finance Officer to sign an Amendment to Professional Service Agreement for 2000 Contract, dated May 15, 2000 with FMG, Inc. for Geotechnical Services to increase the amount by $2,240.00 for work on North Wildwood Drive Water Main Project.

23.     (PW083000-07) Authorize the Mayor and Finance Officer to sign an Amendment to Professional Service Agreement for CDBG00-968, Minneluzahan Senior Center dated Oct. 18, 1999 with TSP III for an amount not to exceed an additional $1500.00 to complete the inspection services on this project.

24.     (PW083000-08) Approve the Rapid City Area Long Range Transportation Plan Update.

25.     (PW083000-09) Set for Hearing A Resolution of Necessity for Parkview Drive Extension Project ST00-1006.

26.     (PW083000-10) Approve the Force Account Agreement for PP 1575(13), Pennington County, PCEMS 5162 Steele Avenue, AAR/DOT 190-260P.

End of Consent Calendar

27.     (CC090500-01) Resolution of Necessity for Block 10 Alley (Boulevard Addition) Project ST00-992

28.     (CC090500-02) Resolution Levying Assessment for Block 7 Alley Paving Project ST00-922

29.     (CC090500-03) Resolution Levying Assessment for Miscellaneous Property Cleanup

30.     (CC090500-05) Amendment to the Comprehensive Plan – Northeast Neighborhood Area Future Land Use Plan

31.     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.

32.     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.

33.     No. 00PL015 - An application by Davis Engineering for G & R, Inc. for a Final Plat on Lots 14 thru 24, Block 6, Lots 9 thru 16, Block 8, and Lots 14 thru 16, Block 9 of Scenic Valley Subdivision formerly: SE1/4 of NE1/4 of Section 10, T1N, R8E, BHM less Scenic Valley Subdivision and ROW and the Balance of Tract A of Scenic Valley Subdivision all located in: SE1/4 NE1/4 and NE1/4 NE1/4 Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located on Reservoir Road approximately 1/4 mile south of Twilight Drive.

34.     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.

35.     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.

36.     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.

37.     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.

38.     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.

39.     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.

40.     No. 00PL058 - An application 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.

41.     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.

42.     No. 00PL066 - An application 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.

43.     No. 00PL067 - An application by Doug Sperlich for James Letner for a Preliminary Plat on Lots 1 and 2 and dedicated R.O.W. 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 R.O.W.) 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.

44.     No. 00PL072 - An application by Doug Sperlich for Gary Rasmusson for a Layout, Preliminary and Final Plat on Lot 1R and Lot 2 of Block 20 of Robbinsdale Addition No. 10 (formerly Lot 1 of Block 20 and a portion of Tract A of Block 19 both in Robbinsdale Addition No. 10) located in the NW1/4 of the SW1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of the intersection of Minnesota Street and Winfield Street.

45.     No. 00PL073 - An application by FMG, Inc. for Dean Kelly Construction for a Preliminary and Final Plat on Lots 1 through 6 of Sunshine Hills Subdivision and dedicated public right of way shown as Coneflower Lane and Pasque Lane, formerly Lots 1, 2, and 3 of the SE1/4 NE1/4 of Section 21, located in the SE1/4 of the NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Wildwood Subdivision on the west side of Sheridan Lake Road.

46.     No. 00PL074 - An application by Jerry Wendland for Rod Egemo for a Layout Plat on Tracts A, B, and C, of Tract S of Forest Hills Subdivision in the SW1/4 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of St. Cloud and Skyline Drive.

47.     No. 00PL075 - An application by City of Rapid City for a Lot Split on Lot 15R, formerly Lot 15 of the NW1/4 of the NW1/4 and Lot 17A of the Miracle Pines Subdivision of the NW1/4 of the NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3761 Corral Drive.

48.     No. 00PL076 - An application by Doug Sperlich for Gary Rasmusson for a Preliminary and Final Plat on Lots 25 and 26 of Block 23 and Lots 5 and 6 of Block 24 of Robbinsdale Addition No. 10 (formerly a portion of Tract A of Robbinsdale Addition No. 10 and a portion of the NE1/4 of the SE1/4 of Section 13) located in the NE1/4 of the SE1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Maple Avenue and East Minnesota Street.

49.     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.

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. 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.

52.     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.

53.     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.

54.     No. 00PD038 - An application by FMG, Inc. for Dean Kelly Construction for a Planned Residential Development - Final Development Plan on that part of the SE1/4 of NE1/4 of Section 21, T1N, R7E, of the Black Hills Meridian, Pennington County, South Dakota, that lies within the following description: Commencing at a monument at the southeast corner of Lot 2 of the SE1/4 of NE1/4 of Section 21; thence S00o22’48"E, 208.84’; thence S76o10’23"W, 31.67’; thence S13o49’37"E, 49.62’; thence N76o10’23"E, 19.11’; thence S00o22’48"W, 70.05’ to a monument at the southeast corner of Lot 1 of the SE1/4 of NE1/4 of Section 21; thence N89o44’39"W, 310.00’ to a point on the southern boundary of Lot 1of the SE1/4 of NE1/4 of Section 21; thence N00o15’21"E, 64.08’; thence N40o52’00"W, 49.00’; thence N49o08’00"E, 51.68’; thence northeasterly, 24.36’ along the arc of the curve, the long chord of which bears N52o38’25"E, 24.35’; thence N40o52’00’W, 81.67’; thence N00o21’47"E, 119.98’ to a point on the northern boundary of Lot 1 of the SE1/4 of NE1/4 of Section 21; thence S89o31’49"E, 338.21 to a monument at the point of beginning, located north of Wildwood Subdivision on the west side of Sheridan Lake Road.

55.     No. 00PD039 - An application by Scull Construction for a Planned Commercial Development - Final Development Plan on Lot 7 of SSJE Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of Jess Street and Cambell Street.

56.     No. 00SV013 - An application by Doug Sperlich for James Letner for a Variance to the Subdivision Regulations to waive the requirement for sidewalks along Debra Drive on Lots 1 and 2 and dedicated R.O.W. 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 R.O.W.) 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.

57.     No. 00SV016 - An application by FMG, Inc. for Dean Kelly Construction for a Variance to the Subdivision Regulations to waive the requirement for paving, curb, gutter, sidewalks, water, sewer and street light conduits; to allow lots more than twice as long as they are wide; and to waive the requirement to dedicate right-of-way for Sunshine Trail on Lots 1 through 6 of Sunshine Hills Subdivision and dedicated public right of way shown as Coneflower Lane and Pasque Lane, formerly Lots 1, 2, and 3 of the SE1/4 NE1/4 of Section 21, located in the SE1/4 of the NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Wildwood Subdivision on the west side of Sheridan Lake Road.

58.     No. 99UR013 - An application by Anne M. Devlin for a Renewal of a Use On Review to allow a Child Care Center in the General Commercial Zoning District on Lot M-4, Marshall Heights Tract, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2406 North Maple.

59.     No. 99UR016 - An application by TSP for Zion Lutheran Church for a Renewal of a Use On Review to allow a Child Care Center in the General Agriculture Zoning District on Lot D, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on the east side U.S. Highway 16 northeast of the water tower.

60.     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.

61.     No. 00UR032 - An application by Alliance of Architects and Engineers for Randall Fast for a Use on Review to allow a Car Wash in the General Commercial Zoning District on Lot 9 of Lot K-3 of Marshall Heights Tract, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 532 East Anamosa Street.

62.     No. 00VR003 - An application by Gikling Family Limited Partnership for a Vacation of Right-of-Way on Lot 32, Block 5, Simmons Addition, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Elm Avenue and Main Street.

63.     (LF081600-02R) Second Reading, Ordinance 3596, Supplemental Appropriation No. 7 for 2000.

64.     (LF081600-01) Second Reading, Ordinance 3597 entitled An Ordinance Amending Title 8 of the Rapid City Municipal Code by Creating New Chapters 8.34, 8.36, 8.38, 8.40, 8.42, 8.44 and Creating New Sections 8.34.010, 8.34.020, 8.34.030, 8.36.010, 8.36.020, 8.38.010, 8.38.020, 8.38.030, 8.38.040, 8.38.050, 8.38.060, 8.38.070, 8.38.080, 8.38.090, 8.40.010, 8.40.020, 8.40.030, 8.40.040, 8.40.050, 8.40.060, 8.40.070, 8.40.080, 8.40.090, 8.40.100, 8.40.110, 8.40.120, 8.40.130, 8.40.140, 8.40.150, 8.40.160, 8.40.170., 8.40.180, 8.40.190, 8.40.200, 8.40.210, 8.40.220, 8.40.230, 8.40.240, 8.40.250, 8.40.260, 8.40.270, 8.40.280, 8.40.290, 8.40.300, 8.40.310, 8.40.320, 8.42.010, 8.44.100 Providing for Air Quality Regulations.

65.     (LF083000-04) First Reading, Ordinance 3598 entitled An Ordinance Repealing Article II of Chapter 15.12 in its Entirety of the Rapid City Municipal Code Entitled Mechanical Code and Repealing Article III of Chapter 15.12 in its Entirety of the Rapid City Municipal Code Entitled Mechanical Inspector—Mechanical Board—Licenses and Permits, and Adopting a New Chapter 15.26 Entitled Mechanical Code

66.     (00OA005) Second Reading, Ordinance 3599 entitled An Ordinance Amending Section 17.16.030 of Chapter 17.16 of the Rapid City Municipal Code by Adding a New Subsection M to Allow Libraries As a Use Permitted on Review in the Central Business Zoning District.

67.     (LF083000-02) Second Reading, Ordinance 3600 entitled An Ordinance Repealing Ordinance 3587 to Regulate Air Quality

68.     (LF083000-03) First Reading, Ordinance 3601, FY2001 Appropriation Ordinance.

69.     (No. 00RZ033) – First Reading, Ordinance 3603, an application by Daniel Hutt for Black Hills Electric Cooperative, Inc. for a Rezoning from No Use District to Light Industrial District on property described by metes and bounds COMMENCING at the Section Corner common to Sections 26, 27, 34 and 35 in T1N, R7E, BHM, Pennington County, South Dakota, thence S 89 53’ 52" W, a distance of 33 ft., to the point of beginning; THENCE FIRST COURSE: S 89 53’ 52" W, a distance of 1284.66 feet; THENCE SECOND COURSE: S 00 12’ 30" W, a distance of 410.00 feet; THENCE THIRD COURSE: N 89 53’ 52" E, a distance of 1247.49 feet; THENCE FOURTH COURSE: N 07 20’ 00" E, a distance of 302.86 feet; THENCE FIFTH COURSE: NORTH a distance of 109.68 feet; to the point of beginning, SAID parcel contains 11.965 Ac., more or less, ALL located in the E 1/2 of the NE 1/4 of Section 34, T1N, R7E, BHM, Pennington County, South Dakota, located approximately .6 miles south of the intersection of Catron Boulevard and U.S. Highway 16, on the west side.

70.     (No. 00RZ034) – First Reading, Ordinance 3604, an application by Timberline Corp. for a Rezoning from Office Commercial District to Light Industrial District on Tract G of Fountain Springs Business Park, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at South Plaza Drive and Plaza Boulevard.

71.     (No. 00RZ035) – First Reading, Ordinance 3605, an application by Dream Design International, Inc. for Century Resources for a Rezoning from Medium Density Residential District to General Commercial District on Lots 12 through 18 of Block 17 of South Boulevard Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Flormann Street and 7th Street.

72.     Request from Jay Fox of Fischer Home Galleries to erect a tent in the right of way at 1710 West Main Street from September 26, 2000, to October 7, 2000.

73. Authorize the location of the Co-Composting of Bio-Solids and Municipal Solid Waste process at the Water Reclamation Facility.

74.     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.