October 1, 2001

MINUTES – Approve the minutes of September 17, 2001.

1.    38th Street Sanitary Sewer Extension Project SSW01-1080 (Opened on September 27, 2001)

2.    Highway 16/Promise Drive Street and Utility Construction Project No. ST01-871 (Opened on September 27, 2001)

3.    Two New Current Model Year Compact Skid Steer Loaders for the Street Division (Opened at 2:00)

4.    Surplus Golf Course Equipment (Opened at 12:00)

5.    No. CC100101-02 – Mike Derby – Appeal from the Sign Code Board of Appeals No. 2001-11

6.    Shawn Tobin – Appeal Police Chief’s Denial of Security License Application.

6A.    No. CC100101-04 - Addendum to Agreement - Gary Rasmussen/Pat Tlustos

Hearings (None)

Set for Hearing (October 15, 2001)

7.    L&K, LLC dba Mustang Grill Restaurant, 710 St. Joe Street, for an On-Sale Wine License (New License – No Video Lottery)

8.    L&K, LLC dba Mustang Grill Restaurant, 710 St. Joe Street, for an On-Off Sale Malt Beverage License (New License – No Video Lottery)

9.    Wine Cellar 507 Partnership dba Wine Cellar 507, 507-513 Sixth Street, for an On-Sale Wine License Transfer (from Karen Johnson Pochardt)

10.    Wine Cellar 507 Partnership dba Wine Cellar 507, 507-513 Sixth Street, for an Off-Sale Liquor License Transfer (from Karen Johnson Pochardt)

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 (October 15, 2001)

11.    No. 01PD049 - A request by Thurston Design Group for Regional Senior Care for a Major Amendment to a Planned Residential Development to increase the density and allow a nursing home on Lot B of Fairelm Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 417 East Fairlane Drive.

12.    No. 01PD050 - A request by Ozark Civil Engineering for Lowe's Companies Inc. for a Planned Commercial Development - Initial and Final Development Plan on Lots 1 and 2 of Lowe's Subdivision, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Haines Avenue and Mall Drive.

13.    No. 01PD051 - A request by Olsen Development Co., Inc. for a Planned Commercial Development - Initial and Final Development Plan on Lot 5, Overlook Subdivision, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1825 Clark Street.

14.    No. 01UR051 - A request by Don Steveson for Kevin Galik for a Use On Review to allow a communications tower in the General Commercial Zoning District on Lots 4 and 5 of the subdivision of the south portion of Lot 3 in the SW1/4 of the NW1/4 of Section 9, T1N, R7E of the BHM, Rapid City, Pennington County, South Dakota as shown in Deed Book 95, Page 125, located at 4118 Jackson Boulevard.

15.    No. 01UR052 - A request by Don Steveson for Kevin Galik for a Use On Review to allow a communications tower in the General Commercial Zoning District on the N1/2 of Lot 4 and all of Lots 5 and 6 of Lot A of the SE1/4 SE1/4 of Section 6, T1N, R8E, BHM, and the east 44 feet of Lots 5, 6, 7 and 8 in Block 1 of Radio Towers Subdivision; together with that part of the alley vacated by a resolution recorded September 14, 1962, in Book 80 of misc. records on Page 442, which adjoins Lots 5, 6, 7 and 8 in Block 1, Radio Towers Subdivision all located in Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1711 Cambell Street.

16.    No. 01UR053 - A request by M & K Consulting for Western Wireless Corp. for a Use On Review to allow a communication tower in the Light Industrial Zoning District on Lot 1, MDU Subdivision, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 710 Steele Avenue.

Public Works Committee Items

17.    No. PW092601-01 – Approve Change Order No. 01 for SSW00-943, Wildwood Drive Street and Utilities Construction Project to Hills Materials Company for a decrease of $55,872.70.

18.    No. PW092601-02 – Approve Change Order No. 01F for PR01-1125, Star of the West Parking Lot Project to Simon Contractors of South Dakota for a decrease of $3,298.61.

19.    No. PW091201-08 – Authorize the Mayor and Finance Officer to sign a Professional Service Agreement with Iris Associates for Utility Rate Engineering Services for an amount not to exceed $8,000.

20.    No. PW092601-03 – Authorize the Mayor and Finance Officer to sign a Professional Service Agreement with FMG, Inc. to Prepare Site Grading Plan for W98-760, Carriage Hills Booster (Catron Blvd. Booster) for an amount not to exceed $1,530.

21.    No. PW092601-04 – Authorize the Mayor and Finance Officer to sign a Professional Service Agreement with The Alliance of Architects & Engineers to Design ST01-1027, Anaconda & Grandview Street and Utility Reconstruction Project for an amount not to exceed $61,700.

22.    No. PW092601-05 – Authorize the Mayor and Finance Officer to sign a Professional Service Agreement with FMG, Inc. to Design ST02-1030, Park Drive Reconstruction, Jackson Blvd. To S. Glenwood Drive Project for an amount not to exceed $61,000.

23.    No. PW092601-06 – Approve an Initial Resolution Setting Time and Place for Hearing on November 5, 2001 for ST01-1122, Block 23 Alley Paving Project (Boulevard Addition).

24.    No. PW092601-07 – Approve Resolution Setting Time and Place for Hearing on November 5, 2001 for an Assessment Roll for ST00-993, Block 5 Alley Paving Project (Schnasse Addition).

25.    No. PW092601-09 – Direct staff to revise the Policy on Exceptions to Residential City-Conducted Water Line Repair date April 1, 1991 to reimburse at 100% the expenses incurred for the replacement of polybutelene service lines.

26.    No. 01VE004 – Approve with stipulations a Vacation of Drainage Easement for petitioner City of Rapid City on Lot A of Feigels West Addition, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 120 North LaCrosse Street.

Legal & Finance Committee

27.    LF092601-01 - Authorize staff to proceed with the annexation proposal for the Deadwood Avenue area.

28.    Authorize Staff to Advertise for Bids for Bus Benches and Bus Bench Advertising.

29.    LF091201-06 – Accept the original payment of $65,000 as payment in full for the CDBG deferred assessment for Frank Simpson.

30.    LF092601-03 - Approve Resolution Fixing Time and Place for Hearing on Assessment Roll for Property Cleanup.

31.    LF092601-04 - Approve elimination of the option allowing Council members, the golf professional, and their dependents to elect coverage under the City health insurance program.

32.    LF092601-05 - Approve Resolution Declaring Property Surplus.

33.    Approve use of personal aircraft for Alan Hanks and Bill Waugh to attend the Ports to Plains Trade Corridor Summit in Lubbock, Texas, on October 25 & 26, 2001.

34.    Set Special Council meeting for December 27, 2001, to approve end of year bills and other financial actions.

35.    LF092601-10 - Approve Resolution to Amend the City of Rapid City Healthcare Benefit Plan.

36.    LF092601-06 - Authorize Mayor and Finance Officer to Sign Agreement between City of Rapid City and Rapid City Area School District #51-4.

37.    LF092601-07 - Approve Bike Path Easement with Rapid City Area School District #51-4.

38.    LF092601-09 - Approve Resolution Placing Certain Restrictions on the Expansion and Continued Use of the Akers Lift Station.

39.    LF092601-08 - Approve the Following Abatement: Travis McDonnell, 1999, $262.42.

40.    Approve the Following Licenses: Electrical Apprentice: Steven C. Anderson, Christopher Franzen, Delbert P. Knowlen, Danny Trotter; Mechanical Apprentice: Ezra Ahrendt, Brian Boock, Dennis Brown, Jerry Bryant, Todd Chase, Jerry Cihak, Tim Hillestad, Duane Hveem, Jay Allen Jeffery, Dan Michael, John Shook, Chuck Short, John Shorter, Len Snavely; Mechanical Installer: Dale Crump; Plumber: Estes Rothenberger; Residential Contractor: Reishus Construction, William A. Reishus & John H. Reishus; Two by Four Builders, Vince Geditz, Kevin Clementson ; Trenching Contractor: Shane O'Brien, SHO Construction, Inc.; Robert Munyan, Munyan Excavating LLC; Trenching Journeyman: Elmer Petersen.

End of Consent Calendar

41.    Request by Western Wireless Corporation to enter into a lease of property.

42.    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.

43.    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.

44.    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.

45.    No. 01PL052 - A request by Ron & MaryAnn Davis for a Preliminary Plat on Lots 1 thru 18 of Buffalo Ridge Subdivision formerly: unplatted all located in NW1/4 NW1/4 of Section 11, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Reservoir Road and Uranus Street.

46.    No. 01PL054 - A request by Dream Design, Inc. for Big Sky LLC for a Final Plat on Lots 1 and 2 of Block 13; Lots 2-5 of Block 14, 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.

47.    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.

48.    No. 01PL064 - A request by FMG, Inc. for Robbins & Stearns for a Layout, Preliminary and Final Plat 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 east of S. Highway 79, north of Minnesota Street.

49.    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, Township 1 North, Range 8 East of the Black Hills Meridian, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Sydney Drive and S.D. Highway 79.

50.    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.

51.    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.

52.    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.

53.    No. 01PL079 - A request by Ferber Engineering Company for a Preliminary and Final Plat on Lot 1 and Lot 2 of Lowe's Subdivision formerly Tract CR and Tract 1 of Martley Subdivision located in the NW1/4 of the NE1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on the east side of Haines Avenue between Mall Drive and Disk Drive.

54.    No. 01PL082 - A request by Hagg Development for a Preliminary and Final Plat 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.

55.    No. 01PL083 - A request by Fisk Land Surveying for Justin Lena for a Preliminary and Final Plat on Lot 5-Revised and Lot 6-Revised of Block 7 of the NW1/4 NE1/4 of Section 9, T1N, R7E, BHM (aka Schamber Addition), Rapid City, Pennington County, South Dakota and dedicated ROW formerly all of Lots 5 and 6 of Block 7 of the NW1/4 NE1/4 of Section 9, T1N, R7E, BHM (aka Schamber Addition) Rapid City, Pennington County, South Dakota, located at 3610 and 3614 Cottonwood Street.

56.    No. 01PL084 - A request by Richard O. Stahl for a Preliminary and Final Plat 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.

57.    No. 01PL088 - A request by Ron & Mary Ann Davis for a Final Plat on Lots 1 thru 18 of Buffalo Ridge Subdivision formerly: unplatted all located in: NW1/4 NW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located 800 feet south of the intersection of Twilight Drive and Reservoir Road.

58.    No. 01PL089 - A request by Dream Design International for a Preliminary and Final Plat on Lots 7-9, Block 4; Lots 13-23, Block 6, Lot 6, Block 7; Lots 1-11, Block 8; Lots 1-2, Block 9 of Big Sky Subdivision and dedicated South Pitch Drive, Aurora Drive, Carl Avenue and major drainage easements located in NE1/4SE1/4 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located at the current northern terminus of South Pitch Drive.

59.    No. 01PL094 - A request by D.C. Scott Co. for Jerry Burrow for a Layout Plat on Lot 16 of Twilight Hill Subdivision, Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located at 5252 Ross Court.

60.    No. 01PL095 - A request by Ferber Engineering Company for a Preliminary and Final Plat on Lots 7R and 8R of The Flannery Subdivision No. 2 formerly Lots 7, 8 and 9 of The Flannery Subdivision No. 2 located in the NW1/4 of the NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on Ireland Place south of Corral Drive.

61.    No. 01PL096 - A request by Gary Rasmusson for a Final Plat on Lots 31R through 35R, and Lots 40 through 42, of Block 11, and Lots 1R through 4R, and Lot 26 of Block 13, Robbinsdale Addition No. 8 (formerly Lots 31 through 35, and Lot 36 Rev. of Block 11, and Lots 1 through 4 of Block 13, of Robbinsdale Addition No. 8) Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Sitka Street and Hemlock Street.

62.    No. 01PL097 - A request by Dream Design International for a Preliminary and Final Plat on Tract A and dedicated streets, Big Sky Subdivision - Phase VII located in the SE1/4 NW1/4 and the NE1/4 NW1/4 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota; excepting Lot 1, Block 13 and Lot 1, 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, also excepting Lots 1 and 2, Block 13 and Lots 2, 3, 4 and 5, Block 14 and dedicated public rights of way (Degeest St., Buddy Ct. and Homestead Ave.), located at the intersection of Degeest Street and Homestead Avenue.

63.    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 S00º00’41"E 140.21 feet along the east boundary of said Tract B, Thence S89º50’18"W 189.16 feet to a point on the easterly right of way of Derby Lane, Thence N39º48’27"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 N00º12’34"W 39.02 feet along said Derby Lane right of way, Thence S89º59’52"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.

64.    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.

65.    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 of South Hill Subdivision (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.

66.    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.

67.    No. 01SV025 - A request by Ron & Mary Ann Davis for a Variance to the Subdivision Regulations to waive the requirement for curb, gutter, sidewalk, street light conduit, water and sewer for Reservoir Road on Lots 1 thru 18 of Buffalo Ridge Subdivision formerly: unplatted all located in: NW1/4 NW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located 800 feet south of the intersection of Twilight Drive and Reservoir Road.

68.    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.

69.    No. 01UR034 - A request by Harland Danielsen for a Use on Review to allow an On-Sale Liquor Establishment including an outdoor concert facility on Lot 8 of Tract "B" of SW1/4 NE1/4; Lot 2 of Tract E of SE1/4 NW1/4 of Meadowood Subdivision and Lot 3 of Lot 88A of Pine Hills Subdivision, all located in Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4095 Sturgis Road.

70.    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.

71.    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 N0º01’49"W a distance of 1516.46 feet from the Southwest Corner of Section 23, T1N, R7E, BHM, being the POINT OF BEGINNING; Thence S89º59’13"E along the north boundary of said Tract "A" a distance of 527.28 feet; Thence S07º18’58"W a distance of 460.40 feet to the proposed centerline of Tish Drive, Thence N82º32’54"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 54º38’42"; Thence along said centerline and along said curve an arc distance of 143.06 feet; Thence along said centerline S42º48’28"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 N0º01’49"W along said section line and along the west boundary of Tract "A" a distance of 857.37 feet to the point of beginning. Said parcel containing 6.90 Acres more or less and located north of Golden Eagle Drive and adjacent to old Marine Life.

72.    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.

73.    No. 01UR049 - A request by Dave M. Handley for a Use On Review to allow an On-Sale Liquor Establishment in the General Commercial Zoning District on the east 195 feet of Lot 2 and Lot 3, Block 1, Hansen Heights Subdivision, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 420 East Saint Patrick Street.

74.    No. 01UR050 - A request by FMG Engineering for Northwestern Engineering for a Major Amendment to a Use On Review to allow for the expansion of a mobile home park in the Medium Density Residential District on Lots 1 and 2 of Meadowlark Hills Subdivision and unplatted land located in SE1/4 of the NE1/4 all located in Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of East North Street, east of LaCrosse Street.

75.    No. 01RZ047 - 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 S00º00’41"E 140.21 feet along the east boundary of said Tract B, Thence S89º50’18"W 189.16 feet to a point on the easterly right of way of Derby Lane, Thence N39º48’27"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 N00º12’34"W 39.02 feet along said Derby Lane right of way, Thence S89º59’52"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.

76.    No. 01RZ049 – Second 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.

77.    No. 01RZ053 – Second Reading, Ordinance 3739, a request by Dave M. Handley for a Rezoning from Neighborhood Commercial District to General Commercial District on the east 195 feet of Lot 2 and Lot 3, Block 1, Hansen Heights Subdivision, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 420 East Saint Patrick Street.

78.    No. 01RZ054 – First Reading, Ordinance 3738, a request by Wyss Associates for W.E.B. Partners for a Rezoning from Office Commercial District to General Commercial District beginning from a point 1795.13 feet at a bearing S89º39’0"E from the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, travel 431.35 feet at a bearing N22º2’42"W, Then travel 310.56 feet along a 230’ LHF curve with a chord bearing N16º38’12" E, Then travel 161.93 feet at a bearing N55º19’17"E, Then travel 227.59 feet at a bearing S34º35’20"E,Then travel 300.07 feet at a bearing S45ºW, Then travel 305.00 feet at a bearing S34º36’5"E,Then travel 165.44 feet at a bearing S45ºW, Then travel 26.8 feet at a bearing N89º39’0"W, to the point of start, located west of the western terminus of Fairmont Boulevard and north of Tower Road.

79.    LF092601-02 - Recommendations of the Floodplain Committee regarding the use of Memorial Park.

80.    No. PW092601-08 – Allow the Traffic Signal to remain at 5^th and Meade Street.

81.    No. PW061301-11 – Authorize Staff to Re-advertise for Bids for GC00-1016, Meadowbrook Golf Course Clubhouse Project.

82.    Grant a variance to Priscilla Zenk, 728 St. Charles from constructing a sewer main from the property to Mt. Rushmore Road; and require Priscilla Zenk to sign a Waiver of Right to Protest.

83.    No. PW092601-13 - Public Works Department Policy that requires drivers of any city owned/leased, or city operated vehicle to be in compliance with all local, State and Federal laws.

84.    No. PW092601-10 – Direct staff to prepare an Ordinance based on the Public Works Policy Statement on Maintenance of Curb and Gutter Located in the Public Right-of-Way for Monday night’s Council proceedings. (Ordinance 3740)

85.    No. PW092601-11 – Direct staff to prepare an Ordinance based on the Public Works Policy Statement on Maintenance of Gravel Surfaces Located in the Public Right-of-Way for Monday night’s Council proceedings. (Ordinance 3740)

86.    No. CC100101-01 - Advise the Council of Mayor’s Veto of Resolution relating to Caldwell request for Special Exception to the Flood Area Construction Regulations.

87.    No. CC100101-03 - Request for emergency purchase of a boiler replacement for the Waste Water Treatment Plant.