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ADA Compliance: The City of Rapid City fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Finance Office 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.
Please remember to turn all cellular phones off or to vibrate when entering the council chambers.
AGENDA
FOR THE CITY COUNCIL
City of Rapid City, South Dakota
July 17, 2006 - 7:00 P.M.
(Note, as a result of the adoption of the City Council Policies & Procedures, the format of the agenda has changed.)INVOCATION
PLEDGE OF
ALLEGIANCE
APPROVE
MINUTES
of
AWARDS AND
RECOGNITIONS
1.
Veteran of the Month for July, 2006
2.
Employee Awards for July, 2006
ADOPTION
OF THE AGENDA
GENERAL PUBLIC
COMMENT
A time for members of the
public to discuss or express concerns to the Council on any issue, not limited
to items on the agenda. Action will not be taken at the meeting on any issue not
on the agenda, except by placement on the agenda by unanimous vote of the council
members present. Timing lights will be used, three minute time limit per speaker.
3.
Economic Development Quarterly Update
MOTIONS FOR
DELIVERY OF ITEM FROM COMMITTEE
PUBLIC HEARINGS
4.
No. PW061306-12 Resolution
Levying Assessment for Block 3 &
5.
No.
06CA014 - A request by Tim Carlson for DM&E Railroad Corp. for an Amendment to the Comprehensive Plan by
revising the Long Range Comprehensive Plan to change the land use designation
from Floodway to Light Industrial on DM&E
Right-of-way adjacent to Tract 24A, less Lot H1, Rapid City Greenway Tract, Section
36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located
at the intersection of Third Street and Omaha Street.
6.
No.
06CA016 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to
change the land use designation from Residential to General Commercial with a
Planned Commercial Development on a
parcel of land located in Section 24, T2N, R7E, more particularly described as
follows: Commencing at the center of Section 24, travel a distance of 506.81 feet
at a bearing of N89º48’44”W; Thence S00º10’09”W a distance of 399.73 feet to a
point of beginning; Thence S89º49’51”E a distance of 173.34 feet; Thence S81º56’08”W
a distance of 120.55 feet; Thence south a distance of 912.15 feet; Thence N89º46’02”W
a distance of 56.73 feet; Thence N00º10’09”E a distance of 929.35 feet to the
true point of beginning, located west of Haines Avenue and south of Kathryn Avenue.
7.
No.
06CA017 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Eldene Henderson
for an Amendment
to the Comprehensive Plan to change the land use designation from Residential
to General Commercial with a Planned Commercial Development on Lot 3, Geld Subdivision, located in the NE1/4 NW1/4,
Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota,
located at 2425 Haines Avenue.
8.
No.
06VR003 - A request by Richard O. Stahl for a Vacation of Right-of-Way on South Street Right-of-way lying adjacent to Lots 2A and 3A of Boulevard Addition, Section
2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located
at the northwest corner of the intersection of South
Street and West Street.
LEGAL & FINANCE COMMITTEE ITEMS
9.
No.
LF062806-01 Appeal of Notice of Ordinance Violation,
10.
No. LF071206-10
Revised Project Plan for Tax Increment District No. 55 with proposed changes
11.
No. LF071206-11
Authorize the Mayor and Finance Officer to sign Developer’s Agreement with Freeland
Meadows, LLC
12.
No. LF071206-12
Authorize the Mayor and Finance Officer to sign Covenant Agreement with Freeland
Meadows, LLC
PUBLIC WORKS COMMITTEE ITEMS
GROWTH MANAGEMENT
DEPARTMENT ITEMS
ORDINANCES
& RESOLUTIONS
13.
No. LF071206-09 First
14.
No. 06RZ020 – First
15.
No. 06RZ021 - First Reading, Ordinance No.5170, a
request by FMG, Inc. for Bypass, LLC for
a Rezoning
from General Commercial District to Light Industrial District on that part of the SW1/4 NE1/4, Section 28, T2N, R8E, BHM,
Rapid City, Pennington County, South Dakota, more particularly described as follows:
Commencing at a 5/8” rebar with an aluminum survey cap at the center of Section
28, T2N, R8E, BHM; thence S89º48’22”E, 454.91 feet to a point on the east ¼ line
of Section 28; thence N46º26’34”E, 535.17 feet to a point, said point being the
intersection with a non-tangent curve; thence Northwesterly, 285.07 feet along
a curve to the right, said curve having a radius of 717.59 feet, said curve having
a chord bearing of N32º10’36”W, a chord distance of 283.20 feet, to a point, said
point being the intersection of a non-tangent line; thence S48º44’38”W, 920.40
feet to a 5/8” rebar with an aluminum survey cap at the center of Section 28,
T2N, R8E, BHM, at the point of beginning; all located within the SW1/4 NE1/4,
Section 28, T2N, R8E, BHM. Said parcel containing 4.826 acres more or less,
located north of
16.
No. 06RZ022 - First
17.
No. 06RZ023 - First
18.
No. 06RZ024 - First
19.
No.
06RZ014 – Second
20.
No.
06RZ016 - Second
21.
No.
06RZ017 - Second
22.
No.
06RZ018 - Second
SPECIAL ORDERS
MATTERS TO
BE RECONSIDERED
CONTINUED
ITEMS CONSENT CALENDAR – Items 23-52
Consists of items that need to be continued because
they are not currently ready for action.
Request of Council Members
to Remove Items from the Continued Consent Calendar
Vote on Remaining Consent
Items
Public Comment on First Item
Removed from Consent Calendar
Council Discussion and Vote
on Item
Continue the following items until August 7, 2006:
23.
No.
06AN003 - A request by Dream Design International, Inc. for a Petition for Annexation on the unplatted portion of the E1/2 NE1/4, Section 21,
T1N, R8E, BHM, Pennington County, South Dakota, located southeast of Elk Vale Road, northeast of Old Folsom Road
and south of Elks Country Estates.
24.
No.
06CA013 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by
revising the Elk Vale Neighborhood Area Future Land Use Plan to change the land
use designation from General Commercial to Light Industrial on a portion of Lot 1, Starlite Subdivision, located in the
SW1/4 SW1/4, Section 28, T2N, R8E, BHM, Rapid
City, Pennington County, South Dakota more particularly described as follows:
Commencing, for location purposes only, at the Southwest corner of Section 28;
Thence north, along the West line of Section 28 and the centerline of Dyess Avenue,
a distance of 233.18 feet; Thence S89º43’30”E, a distance of 50.00 feet, to a
½ inch iron pipe found for the Southwest corner of Lot 1 of Starlite Subdivision
on the East Right-of-way line of Dyess Avenue and the North Right-0f-way line
of Eglin Street (a 100 foot wide public Right-of-way) for the Point of Beginning
of the herein described tract; Thence North, along said East Right-of-way of Dyess
Avenue and West line of Lot 1 of Starlite Subdivision, a distance of 349.83 feet
to a point for corner; Thence S89º43’00” East, a distance of 850.15 feet, to the
Easternmost Southeast corner of Lot 1 of Starlite Subdivision; Thence S53º09’39”W,
a distance of 328.66 feet, to a corner of Lot 1 of Starlite Subdivision; Thence
West, a distance of 80.08 feet, to a corner of Lot 1 of Starlite Subdivision;
Thence South, a distance of 151.10 feet, to the Southernmost Southeast corner
of Lot 1 of Starlite Subdivision on the North Right-of-way line of Eglin Street;
Thence N89º43’30”W, along the North Right-of-way line of Eglin Street and South
line of Lot 1 of Starlite Subdivision, a distance of 507.03 feet to the Point
of Beginning and containing 5.036 acres, more or less, located at the southeast corner of Beale Street and Dyess Avenue and north of Eglin
Street.
25.
No.
06CA018 - A request by Dream Design International for an Amendment to the Comprehensive Plan to
change the land use designation from General Agriculture to Low Density Residential
with a Planned Residential Development on the unplatted portion of the E1/2 NE1/4, Section 21,
T1N, R8E, BHM, Pennington County, South Dakota, located southeast of Elk Vale Road, northeast of Old Folsom Road
and south of Elks Country Estates.
26.
No.
06PL003 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 10 thru 21 of Block 2; Lots 2 thru 8 of Block 9;
Lots 1 thru 4 of Block 13 of Red Rock Meadows Subdivision, Section 28, T1N, R7E,
BHM, Rapid City, Pennington County, South Dakota, legally described as
the unplatted portion of the N1/2 of the NW1/4
of the NW1/4 of Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South
Dakota, located at the northern terminus
of Dunsmore Road.
27.
No.
06PL028 - A request by Davis Engineering, Inc. for Bernita White for a Preliminary
Plat on Lots A1 and A2 of Bar P-S Subdivision,
located in the W1/2 SW1/4, formerly Lot A of Bar P-S Subdivision, located in the
W1/2 SW1/4, Section 20, T1N, R9E, BHM, Pennington County, South Dakota,
legally described as Lot A of Bar P-S Subdivision,
located in the W1/2 SW1/4, Section 20, T1N, R9E, BHM, Pennington County, South
Dakota, located adjacent to the south west
curve of North Airport Road.
28.
No.
06PL049 - A request by Davis Engineering, Inc. for a Preliminary Plat on Lots 2 thru 6 of Block 2; Lots 15 of Block 4; and, Lots 1, Lots 14 and 15
of Block 5, formerly a portion of Tract
F of the NW1/4, Section 14, T1N, R8E, Less Murphy Subdivision and less Murphy
Ranch Estates and less Right-of-way, located in the NE1/4 NW1/4, Section 14, T1N,
R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract F of the NW1/4, Section 14, T1N, R8E,
Less Murphy Subdivision and less Murphy Ranch Estates and less Right-of-way, located
in the NE1/4 NW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota,
located adjacent to Long View Road
between Colvin Street and Romel Drive.
29.
No.
06PL069 - A request by Patricia Jo Meredith for a Layout Plat on Lots 1 and 3, Meredith Subdivision, located in the SW1/4 SE1/4 SW1/4, Section
31, T1N, R7E, BHM, Pennington County, South Dakota, legally described as
a parcel of land located in the SW1/4 SE1/4 SW1/4,
Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located northwest
of the intersection of Pioneer Circle and Clarkson Road.
30.
No.
06PL071 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1A, 1B, 1C and 1D of Starlite Subdivision, formerly
Lot 1, Starlite Subdivision, located in the SW1/4 SW1/4, Section 28, T2N, R8E,
BHM, Rapid City, Pennington County, South Dakota, legally described as
Lot 1, Starlite Subdivision, located in the SW1/4
SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota,
located at the southeast corner of Beale Street
and Dyess Avenue and north of Eglin Street.
31.
No.
06PL074 - A request by Wyss Associates, Inc. for WEB Land Holdings, LLC for a Layout Plat
on Lots 1 thru 5, Skyline Pines East, Section
11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally
described as the unplatted portion of the N1/2
SE1/4, less Walpole Heights Subdivision, and less right-of-way, Section 11, T1N,
R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest
of the intersection of Mount Rushmore Road and Tower Road.
32.
No.
06PL082 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1, 2 and 3, Seljeskog Subdivision, located in the
SE1/4 NE1/4 NE1/4 SE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County,
South Dakota, legally described as a parcel of land described as the SW1/4 SE1/4 SE1/4 NE1/4; SE1/4 SW1/4 SE1/4
NE1/4; NW1/4 NE1/4 NE1/4 SE1/4; NE1/4 NW1/4 NE1/4 SE1/4, Section 15, T1N, R7E,
BHM, Rapid City, Pennington County, South Dakota, located at 2151 Skyline Ranch Road.
33.
No.
06PL083 - A request by Dream Design International, Inc. for a Preliminary Plat on Lot 3 of Block 2, LaGrand Subdivision, located in the
NE1/4 NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota,
legally described as a Tract of land located in
the NE1/4 NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South
Dakota, more particularly described as follows: Beginning at the northeast corner
of Section 4; Thence along the north line of Section 4 S89º43’48”W a distance
of 124.58 feet, to a found pin and cap marked “LS 6251”, the true point of beginning;
Thence along the north line of Section 4 S89º46’10”W a distance of 541.59 feet,
to a found pin and cap marked “LS 5680”; Thence S00º02’01”E a distance of 202.34
feet, to a found pin and cap marked “LS 6251”; Thence along the arc of a curve
to the left whose radius points bears N13º38’28”E, having a radius of 925.00 feet,
a central angle of 02º51’39” and an arc length of 46.19 feet; Thence N09º13’19”E
a distance of 25.02 feet; Thence S80º46’41”E a distance of 50.00 feet; Thence
S09º13’19”W a distance of 25.03 feet; Thence along the arc of a curve to the left
whose radius points bears N07º40’58”E, having a radius of 925.00 feet, a central
angle of 07º56’32” and an arc length of 128.22 feet; Thence N89º45’43”E a distance
of 319.32 feet to a found pin and cap marked “LS 6251”; Thence N00º02’51”W a distance
of 229.28 feet to the point of beginning. Said tract of land containing an area
of 2.78 acres more or less, located at the northwest corner of the intersection of
34.
No.
06PL086 - A request by Renner & Associates for Andrea K. Sabow for a Preliminary
Plat on Tracts A, B and C, Tower Place,
( description formerly as shown in Book 57 of Deeds, Page 7057, recorded on January
26, 1995), located in the N1/2 SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington
County, South Dakota, legally described as the E1/2 E1/4 NW1/4 SW/14, Section 14, T1N, R7E, BHM,
Pennington County, South Dakota, excepting there from Lot B of the S1/4 NW1/4,
N1/4 SW1/4, Section 14, shown on the plat filed in Plat Book 3, Page 155, and
also excepting there from Lot A, Section 14, shown on the plat filed in Plat Book
3, Page 17, and that part of the NE1/4 SW1/4, Section 14, bounded on the north
by Lot B of the S1/4 NW1/4 and the N1/4 of the SW1/4, Section 14, shown on the
plat filed in Plat Book 3, page 155, and bounded on the east by the right-of-way
for “Old U.S. Highway 16” shown on the plat filed in Highway Plat Book 2, Page
48, and bounded on the south by Lot A, Section 14, shown on the plat filed in
Plat Book 3, Page 17, and bounded on the west by the west boundary line of said
NE1/4 SW1/4, located at 1640 Skyline Ranch Road.
35.
No.
06PL087 - A request by Centerline, Inc. for PLM Development, LLC for a Preliminary
Plat on Lots 16 thru 35, Block 1; Lots
17 thru 38, Block 2; and Lots 1 thru 6 in Block 4, formerly a parcel of land located
in the NW1/4, Section 24; and the SW1/4 SW1/4, Section 13, T1N, R7E, BHM, Rapid
City, Pennington County, South Dakota, legally described as a parcel of land located in the NW1/4, Section 24; and
the SW1/4 SW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South
Dakota, located south of Minnesota Street
and West of Fifth Street.
36.
No.
06PL089 - A request by Boschee Engineering for a Layout Plat on a parcel of land located in the unplatted portion of the SW1/4 SW1/4 and
the W1/2 SE1/4 SW1/4, Section 22, T1N,
R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Bendt Drive.
37.
No.
06PL090 - A request by Dream Design International for a Preliminary Plat on Lots 1 thru 5 of Block 1, Lots 1 thru 10 of Block 2,
Lots 1 thru 4 of Block 3, Lots 1 and 26 of Block 6, Lot 1 of Block 7, Lots 1 and
36 thru 41 of Block 8, Lots 1 thru 11 of Block 9, Lots 1 thru 13 of Block 10,
Lots 1 thru 30 of Block 11 and Lot A and Lots 1 thru 23 of Block 12 and Dedicated
Right-of-Way located in the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Rapid City,
Pennington County, South Dakota, legally described as the unplatted portion of the E1/2 NE1/4, Section 21,
T1N, R8E, BHM, Pennington County, South Dakota, located east of the intersection of Elk Vale Road and Old Folsom
Road.
38.
No.
06PL091 - A request by Dream Design International, Inc. for a Preliminary Plat on Tract J, McMahon Subdivision, located in the NE1/4 SW1/4,
Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota,
legally described as the unplatted portion of land
located in the NE1/4 SW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington
County, South Dakota, located west of Haines
Avenue and south of Kathryn Avenue.
39.
No.
06PL092 - A request by Sperlich Consulting for Tom Farrar for a Preliminary Plat on Lot 1R and Lot 2 of Block 2 and Lots 1 and 2 of Block
3 and Lots 2 and 3 of Block 4, Farrar Business Park; formerly Lot 1 of Block 5
of Farrar Business Park and a portion of the NE1/4 of the SE1/4 of Section 16,
located in the NE1/4 of the SE1/4, Section 16, T2N, R7E, BHM, Rapid City, Pennington
County, South DakotaSection 16, T2N, R7E, BHM, Rapid City, Pennington County,
South Dakota, legally described as Lot 1 of Block 5 of Farrar Business Park and a portion
of the NE1/4 of the SE1/4 of Section 16, located in the NE1/4 of the SE1/4, Section
16, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located
adjacent to the south and north side of Buffalo
Bill Road and adjacent to the east and west side of Hickock Trail.
40.
No.
06RZ013 - A request by Dream Design International, Inc. for a Rezoning from General Commercial District
to Light Industrial District on a portion of Lot 1, Starlite Subdivision, located in the SW1/4 SW1/4, Section
28, T2N, R8E, BHM, Rapid City, Pennington
County, South Dakota more particularly described as follows: Commencing, for location
purposes only, at the Southwest corner of Section 28; Thence north, along the
West line of Section 28 and the centerline of Dyess Avenue, a distance of 233.18
feet; Thence S89º43’30”E, a distance of 50.00 feet, to a ½ inch iron pipe found
for the Southwest corner of Lot 1 of Starlite Subdivision on the East Right-of-way
line of Dyess Avenue and the North Right-0f-way line of Eglin Street (a 100 foot
wide public Right-of-way) for the Point of Beginning of the herein described tract;
Thence North, along said East Right-of-way of Dyess Avenue and West line of Lot
1 of Starlite Subdivision, a distance of 349.83 feet to a point for corner; Thence
S89º43’00” East, a distance of 850.15 feet, to the Easternmost Southeast corner
of Lot 1 of Starlite Subdivision; Thence S53º09’39”W, a distance of 328.66 feet,
to a corner of Lot 1 of Starlite Subdivision; Thence West, a distance of 80.08
feet, to a corner of Lot 1 of Starlite Subdivision; Thence South, a distance of
151.10 feet, to the Southernmost Southeast corner of Lot 1 of Starlite Subdivision
on the North Right-of-way line of Eglin Street; Thence N89º43’30”W, along the
North Right-of-way line of Eglin Street and South line of Lot 1 of Starlite Subdivision,
a distance of 507.03 feet to the Point of Beginning and containing 5.036 acres,
more or less, located at the southeast corner of Beale Street and Dyess Avenue and north of Eglin
Street.
41.
No.
06RZ019 - A request by Dream Design International for a Rezoning from No Use District to Low Density
Residential District on the unplatted
portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South
Dakota, located southeast of Elk Vale Road,
northeast of Old Folsom Road and south of Elks Country Estates.
42.
No.
06SV032 - A request by Robert and Jeanine Nikolas for a Variance to the Subdivision Variance to
waive the requirement to install curb, gutter, sidewalk, street light conduit,
water sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code
on Lots 21A, 21B and 21C of Block 2, Moon Meadows
Estates, formerly Lot 21, Block 2, Moon Meadows Estates, Section 33, T1N, R7E,
BHM, Pennington County, South Dakota, legally described as Lot 21, Block 2, Moon Meadows Estates, Section 33, T1N,
R7E, BHM, Pennington County, South Dakota, located at 4265 Moon Meadows Drive.
43.
No.
06SV033 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations
to waive the requirement to install curb, gutter, sidewalk, street light conduit,
water, sewer and additional pavement as per Chapter 16.16 of the Rapid City Municipal
Code on Lots 1A, 1B, 1C and 1D of Starlite
Subdivision, formerly Lot 1, Starlite Subdivision, located in the SW1/4 SW1/4,
Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota,
legally described as Lot 1, Starlite Subdivision, located in the SW1/4 SW1/4, Section 28, T2N,
R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of Beale Street and Dyess Avenue
and north of Eglin Street.
44.
No.
06SV034 - A request by Rob Livingston for James W. Peterson for a Variance to the Subdivision Regulations
to waive the requirement to install curb, gutter, sidewalk and street light conduit
along Blake Lane; to waive the requirement to install curb, gutter, sidewalk,
street light conduit, water, sewer and additional pavement along SD Highway 44;
and, to waive the requirement to install curb, gutter, sidewalk, street light
conduit, water, sewer and pavement along the 49 foot wide access easement as per
Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 15, and common Lot 1, Black Estates, formerly
Tract A of Government Lots 1 and 2, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, legally
described as Tract A of Government Lots 1 and 2,
Section 18, T1N, R7E, BHM, Pennington County,
South Dakota, located at 6620 West Highway 44.
45.
No.
06SV035 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations
to waive the requirement to install curb, gutter, sidewalk, street light conduit,
additional pavement, additional right-of-way and sewer as per Chapter 16.16 of
the Rapid City Municipal Code on Lots 1, 2 and 3, Seljeskog Subdivision, located in the SE1/4 NE1/4 NE1/4
SE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota,
legally described as a parcel of land described
as the SW1/4 SE1/4 SE1/4 NE1/4; SE1/4 SW1/4 SE1/4 NE1/4; NW1/4 NE1/4 NE1/4 SE1/4;
NE1/4 NW1/4 NE1/4 SE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County,
South Dakota, located at 2151 Skyline Ranch Road.
46.
No.
06SV036 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations
to waive the requirement to install sidewalks, street light conduit along East
Anamosa Street; and, to waive the requirement to install curb, gutter, and sidewalks
along Elk Vale Road as per Chapter 16.16 of the Rapid City Municipal Code
on Lot 3 of Block 2, LaGrand Subdivision, located
in the NE1/4 NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South
Dakota, legally described as a Tract of land located in the NE1/4 NE1/4, Section 4,
T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly
described as follows: Beginning at the northeast corner of Section 4; Thence along
the north line of Section 4 S89º43’48”W a distance of 124.58 feet, to a found
pin and cap marked “LS 6251”, the true point of beginning; Thence along the north
line of Section 4 S89º46’10”W a distance of 541.59 feet, to a found pin and cap
marked “LS 5680”; Thence S00º02’01”E a distance of 202.34 feet, to a found pin
and cap marked “LS 6251”; Thence along the arc of a curve to the left whose radius
points bears N13º38’28”E, having a radius of 925.00 feet, a central angle of 02º51’39”
and an arc length of 46.19 feet; Thence N09º13’19”E a distance of 25.02 feet;
Thence S80º46’41”E a distance of 50.00 feet; Thence S09º13’19”W a distance of
25.03 feet; Thence along the arc of a curve to the left whose radius points bears
N07º40’58”E, having a radius of 925.00 feet, a central angle of 07º56’32” and
an arc length of 128.22 feet; Thence N89º45’43”E a distance of 319.32 feet to
a found pin and cap marked “LS 6251”; Thence N00º02’51”W a distance of 229.28
feet to the point of beginning. Said tract of land containing an area of 2.78
acres more or less, located at the northwest corner of the intersection of
47.
No.
06SV037 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations
to reduce the Right-of-Way width from 45 feet to 20 feet; and to waive the requirement
to install curb, gutter, sidewalk, street light conduit, water and sewer as per
Chapter 16.16 of the Rapid City Municipal Code on Lot 6, Block 19, Red Rock Estates, Section 29, T1N, R7E,
BHM, Rapid City, Pennington County, South Dakota, located at 6901 Ainsdale Court.
48.
No.
06SV038 - A request by Renner & Associates for Andrea K. Sabow for a Variance to
the Subdivision Regulations to waive the requirement to install curb, gutter,
sidewalk, street light conduit, water, sewer and pavement, and to reduce pavement
width as per Chapter 16.16 of the Rapid City Municipal Code on Tracts
A, B and C, Tower Place, ( description formerly as shown in Book 57 of Deeds,
Page 7057, recorded on January 26, 1995), located in the N1/2 SW1/4, Section 14,
T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described
as the E1/2 E1/4 NW1/4 SW/14, Section 14, T1N, R7E, BHM,
Pennington County, South Dakota, excepting there from Lot B of the S1/4 NW1/4,
N1/4 SW1/4, Section 14, shown on the plat filed in Plat Book 3, Page 155, and
also excepting there from Lot A, Section 14, shown on the plat filed in Plat Book
3, Page 17, and that part of the NE1/4 SW1/4, Section 14, bounded on the north
by Lot B of the S1/4 NW1/4 and the N1/4 of the SW1/4, Section 14, shown on the
plat filed in Plat Book 3, page 155, and bounded on the east by the right-of-way
for “Old U.S. Highway 16” shown on the plat filed in Highway Plat Book 2, Page
48, and bounded on the south by Lot A, Section 14, shown on the plat filed in
Plat Book 3, Page 17, and bounded on the west by the west boundary line of said
NE1/4 SW1/4, located at 1640 Skyline Ranch Road.
49.
No.
06SV039 - A request by Dream Design International for a Variance to the Subdivision Regulations
to allow a lot twice as long as wide as per Chapter 16.16 of the Rapid City Municipal
Code on Lots 1 thru 5 of Block 1, Lots
1 thru 10 of Block 2, Lots 1 thru 4 of Block 3, Lots 1 and 26 of Block 6, Lot
1 of Block 7, Lots 1 and 36 thru 41 of Block 8, Lots 1 thru 11 of Block 9, Lots
1 thru 13 of Block 10, Lots 1 thru 30 of Block 11 and Lot A and Lots 1 thru 23
of Block 12 and Dedicated Right-of-Way located in the E1/2 NE1/4, Section 21,
T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described
as the unplatted portion of the E1/2 NE1/4, Section
21, T1N, R8E, BHM, Pennington County, South Dakota, located east
of the intersection of Elk Vale Road and Old Folsom Road.
50.
No.
06SV040 - A request by Davis Engineering, Inc. for a Variance to the Subdivision Regulations to waive the
requirement to install curb, gutter, sidewalk, sewer and pavement along Longview
Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots
2 thru 6 of Block 2; Lots 15 of Block 4; and, Lots 1, Lots 14 and 15 of Block
5, formerly a portion of Tract F of the NW1/4, Section 14, T1N, R8E,
Less Murphy Subdivision and less Murphy Ranch Estates and less Right-of-way, located
in the NE1/4 NW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota,
legally described as a portion of Tract F of the
NW1/4, Section 14, T1N, R8E, Less Murphy Subdivision and less Murphy Ranch Estates
and less Right-of-way, located in the NE1/4 NW1/4, Section 14, T1N, R8E, BHM,
Pennington County, South Dakota, located adjacent to Long View Road between Colvin Street and Romel Drive.
51.
No.
06VR004 - A request by Ferber Engineering Company, Inc. for FMLC, Inc. for a Vacation of
Mall Drive H-Lot on East Mall Drive
Right-of-Way, located in the SE1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington
County, South Dakota, located on East Mall Drive.
52.
No.
06VR006 - A request by Centerline, Inc. for PLM Development, LLC for a Vacation of
Section Line Highway on the Section
Line highway located adjacent to SW1/4 SW1/4, Section 13, T1N, R7E; and adjacent
to the NW1/4 NW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County,
South Dakota, located south of Minnesota
Street and west of Fifth Street.
End of Continued Items Consent Calendar
CONSENT CALENDAR
ITEMS – 53-109
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.
Public Request for Removal
of Items from Consent Calendar
Request of Council Members
to Remove items from the Consent Calendar
Vote on Remaining Consent
Items
Public Comment on First Item
Removed from Consent Calendar
Council Discussion and Vote
on Item
Set for Hearing (None)
Public Works Committee Consent Items
53.
Acknowledge the report
on crosswalk safety on
54.
No. PW071106-01 Acknowledge
the discussion regarding the condition of the structure, possible uses, and terms
of the current lease of the Friendship House.
55.
Request the Mayor reinstate the Swimming Pool Committee
56.
No. CC070506-02
Approve the bid award for the East Franklin Street Sanitary Sewer Project No.
SS06-1557 / CIP No. 50648 to the lowest responsible bidder meeting specifications,
Hills Materials Company, for the low unit prices bid for a total contract amount
of $88,298.50.
57.
No. CC070506-02
Reject all bids for the Hall Street Sanitary Sewer Extension Project No.
SS06-1482 / CIP No. 50632.
58.
No. PW071106-02 Approve
Change Order No. 2F for
59.
No. PW071106-03 Approve
Change Order No. 1F for the Water Reclamation Facility Paving and Sidewalk Project
No. WRF04-1407; CIP #50578 to Simon Contractors of SD, Inc. for a decrease of
$8,400.88.
60.
No. PW071106-04 Approve
Change Order No. 1 for Phase 1C - Soo San Water Main Extension, WTP Backwash System
Improvements, and Sioux San & Pinedale #2 Booster Station Modifications Project
No. W06-1425.1C; CIP #50570 to Mainline Contracting, Inc. for an increase of $2,063.90.
61.
No. PW071106-05 Authorize
staff to advertise for bids for Downtown Area Improvements Project Phase 1a for
the reconstruction of one block of the alley between 1st Street and
2nd Street including replacement of an undersized sewer main; Project
No. ST04-1170, 1a; CIP #50627.
62.
No. PW071106-06 Authorize
staff to advertise for bids for Neighborhood Mill and Overlay Project No. ST06-1573;
CIP #50636
63.
No. PW071106-07 Authorize
staff to advertise for bids for Tennis Courts and Play Courts Surfacing Project
No. PR06-1584; CIP #50538 & 50656.
64.
No. PW071106-08 Authorize
staff to advertise for bids for Halley Park Irrigation System and Sidewalk Reconstruction
Project No. PR06-1588; CIP #50042.
65.
No. PW071106-09 Authorize
staff to advertise for bids for Metering and Backflow Prevention of City Facilities
Project No. W06-1589; CIP #50304.
66.
No. PW071106-10 Authorize
the Mayor and Finance Officer to sign Amendment No. 1 to the Professional Services
Agreement with American Engineering Testing, Inc. for Soo San Drive Box Culvert
Project No. DR06-1565; CIP #50633 for an amount not to exceed $899.00.
67.
No. PW071106-11 Approve
a Resolution imposing Water Construction Fees for Moon Ridge oversize water benefiting
area.
68.
No. PW071106-12 Authorize
the installation of STOP signs at the intersection of
69.
No. PW071106-13 Authorize
staff to seek engineering services proposals for the Water Reclamation Facility
(WRF) Digester Repair and Improvements Project No. WRF06-1549.
70.
No. PW071106-14 Adopt
the
71.
No. PW071106-15 Authorize
staff to seek proposals for Utility Billing System software.
72.
No.
PW071106-16 Recommend that the Acceptance of the Preliminary Assessment
of the Big Bend Power Plant Report be referred to the Historic Preservation Committee
for recommendation.
73.
No. 06VE014
Approve a Vacation
of Utility Easement for petitioner James S. Steele Construction, Co., Inc. on
74.
No. 06VE015
Approve a Vacation of Utility and Drainage Easement
for petitioner enVision Design, Inc. for Presbyterian
Retirement Village of Rapid City, Inc. on Lots 3 thru 6, Block 1, Terracita Park Subdivision, as
shown on the plat filed in plat book 31, page 108, located in the NW1/4 SE1/4,
Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota,
more generally described as being located northeast
of the intersection of Alta Vista Drive and Minnesota Street.
75.
No. 06VE016
Approve a Vacation of Utility and Drainage Easement
for petitioner enVision Design, Inc. for Presbyterian
Retirement Village of Rapid City, Inc. on Lot 16, Block 28, Robbinsdale Addition No. 10, as shown
on the Plat filed in Plat Book 30, Page 63, located in the NE1/4, SW1/4, and Tract
B, Minnesota Ridge Subdivision, as shown on the plat filed in Plat Book 30, Page
72 in the Pennington County Records, located in the S1/2, all located in Section
13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally
described as being located northeast of the intersection of Alta Vista Drive and
Anamaria Drive.
76.
No. PW071106-17
Approve a request by Dream Design International for authorization to prepare
an H-Lot located in the NE1/4, Section 20; and the N1/2, Section 21, T1N, R8E,
BHM, Rapid City, Pennington County, South Dakota on behalf of the City of Rapid
City and authorize acceptance of deeds.
77.
No. 06TP008
Approve the Draft
78.
No. 06TP002 Approve
the Revision to 2006–2010 Transportation Improvement Program Amendment No. 06-003.
79.
No. 06TP010
Approve 2006–2010 Transportation Improvement Program Amendment No. 06-006.
80.
No. 06TP011
Approve 2006–2010 Transportation Improvement Program Amendment No. 06-007.
81.
No. 06PT012
Approve the Draft Request for Proposals for
Legal & Finance Committee
Consent Items
82.
No. LF071206-01 Authorize
the Mayor and Finance Officer to sign the Space Lease Agreement with the Rushmore
Plaza Civic Center for the Mayor/City Council Retreat on June 26, 2006.
83.
No. LF071206-02 Confirm
appointment of Ron Wagner to the Mechanical Board.
84.
No. LF071206-03 Acknowledge
the updated report on the complaint against Venue Eight.
85.
No. LF071206-04 Approve
a Travel Request for Steve Allender and Tom Senesac to attend the National Community
Policing Seminar sponsored by the U.S. Department of Justice in Washington, D.C.
July 26-29, 2006, in an approximate amount of $1,879.48.
86.
No. LF071206-21 Approve
an Event Permit for Firehouse Brewing Company to hold event on
87.
No. LF071206-25 Approve
an Event Permit for Motorcycle Parking in front of Alex Johnson Hotel August 4-13,
2006.
88.
No. LF071206-05 Approve
a Travel Request for Randy Raue and Tyler Wilcox to attend Spartan Fire Truck
Training Conference in
89.
No. 06TP013 Approve
an Addendum to the
90.
No. 06TP014 Approve
an Amendment to the 2006 Unified Planning Work Program.
91.
No. LF071206-06 Authorize
the
92.
No. LF071206-07 Acknowledge
the report on the retail (on-off sale) malt beverage license eligible for video
lottery.
93.
No. LF071206-17 Approve
an Amendment to the Agreement with Terry Rathbun for Broker Services for an amount
not to exceed $1,500; and total agreement not to exceed $3,000.
94.
No. LF071206-23 Approve
a Resolution Approving and Authorizing the Execution of a Lease Purchase Agreement
and Supplements Thereto and Related Documents and Certificates.
95.
No. LF071206-08 Approve
a Travel Request for Jerry Cole, Lon Van Deusen and Doug Lowe to attend NRPA Congress
& Exposition in
96.
No. LF071206-19 Authorize
staff to advertise a Request for Proposals for conceptual design of Golf and Park
Maintenance Facilities.
97.
No. LF071206-24 Authorize
the Mayor and Finance Officer to sign Monitoring Agreement between Knight Security
and the
98.
Authorize staff to advertise for bids for cationic polymer
coagulant.
99.
No. LF071206-20 Authorize
the Mayor and Finance Officer to sign Agreement between the City of Rapid City
and Doeck, LLC for the Completion of Subdivision Improvements.
100.
No. LF071206-13 Acknowledge
raffle request for Zonta Club of the
101.
No. LF071206-14 Acknowledge
raffle request for Rapid City Regional Hospital Foundation to Hold Raffle on December,
2006.
102.
No. LF071206-15 Approve
a request from Kyle Nettleton, d/b/a United Popsicle Service, for an ice cream
vending license for 2006.
103.
No. LF071206-16
Authorize the Mayor to sign the Intent to Release Funds for a Project
located in the 100 Year Floodplain, the Combined Notice of Finding of No Significant
Impact, the Notice of Intent to Request Release of Grant Funds, the HUD Request
for Release of Funds and the Certification Form for the Central States Fair, Inc.
104.
No. LF071206-18 Authorize
the Mayor and Finance Officer to sign the Sub-recipient Contract for Community
Development Block Grant (CDBG) Funding between the City of Rapid City and Working
Against Violence, Inc. (WAVI) for an amount not to exceed $5,000.
105.
No. LF071206-26 Authorize
the Mayor and Finance Officer to sign Assignment Agreement between Stoneridge,
LLC and First Western Bank.
106.
Approve the following licenses: Sewer and Water Journeyman: Brandon Fogelman, Dion Frost, Beau Maxon, Monte
Weiger.
Growth Management Department Consent Items
107.
No.
06PL081 - A request by Rob Livingston for James W. Peterson for a Layout Plat on Lots 1 thru 15, and common Lot 1, Blake Estates, formerly
Tract A of Government Lots 1 and 2, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, legally
described as Tract A of Government Lots 1 and 2,
Section 18, T1N, R7E, BHM, Pennington County,
South Dakota, located at 6620 West Highway 44.
108.
No.
06PL088 - A request by Fisk Land Surveying for Del Solano for the Rapid City Columbian Club, Inc.
for a Preliminary
Plat on Lots A and B of Knight's of
Columbus Subdivision, formerly the west five feet of Lot 9 and 10 thru 16 inclusive,
Lots 25 thru 27, and the north 70 feet of the Lot 17, less Lot H-1 and Lots 18
thru 24 inclusive of Block 126 of the Original Townsite of Rapid City, including
the vacated alley adjoined thereto, all located in the NW1/4, Section 1, T1N,
R7E, BHM, Rapid City, Pennington County, South Dakota, legally described
as the west five feet of Lot 9 and 10 thru 16 inclusive,
Lots 25 thru 27, and the north 70 feet of the Lot 17, less Lot H-1 and Lots 18
thru 24 inclusive of Block 126 of the Original Townsite of Rapid City, including
the vacated alley adjoined thereto, all located in the NW1/4, Section 1, T1N,
R7E, BHM, Rapid City, Pennington County, South Dakota, located at 910
Fifth Street and 918 Fifth Street.
109.
No.
06VE013 - A request by Arthur W. Janklow for a Vacation of Access Easement and Vacation of Utility Easement
on Tract C of Lot B, located in the NE1/4 NW1/4,
less Pengra Subdivision, Section 17, T2N, R7E, BHM, Rapid City, Pennington County,
South Dakota, located at 4835 Sturgis Road.
END OF CONSENT CALENDAR
ALCOHOLIC
BEVERAGE LICENSE APPLICATIONS
Hearings
Retail (On/Off
110.
Manna, Inc. dba Roadhouse
Nightclub & Grill, 1900 N. Maple Avenue for a Retail (On-Off Sale) Malt
Beverage License without Video Lottery renewal
Retail (On/Off
111.
SKS Productions dba Venue
Eight, 504 Mt. Rushmore Road for a Retail (On-Off Sale) Malt Beverage License
transfer from High Plains Securities dba Down Under Sports Bar,
Package (Off-Sale) Liquor
License
112.
Nash Finch Company dba
Set for Hearing (
Retail (On/Off
113.
Atlantis, LLC dba Watiki
Indoor Water Park Resort / Fairfield Inn & Suites, 1314 North Elk Vale
Road for a Retail (On-Off Sale) Malt Beverage License without Video Lottery
Special Beer & Wine License
114.
Rapid City Area Chamber of
Commerce
for a special Beer & Wine License for an event scheduled
115.
Rapid City Fine Arts Center,
Inc. for
a special Beer & Wine License for an event scheduled
116.
Rapid City Public Library for a special Beer &
Wine License for an event scheduled
Retail (On-Off
117.
Black Hills Coffee Company dba Black Hills Coffee Company, 5955 S. Hwy 16, Suite G for a Retail (On-Off
Sale) Malt Beverage License without Video Lottery
Retail (On
118.
Black Hills Coffee Company dba Black Hills Coffee Company, 5955 S. Hwy 16, Suite G for a Retail (On-Sale)
Wine License
ITEMS FROM
THE MAYOR
ITEMS FROM
COUNCIL MEMBERS/LIAISON REPORTS
119.
Mayor/Council travel, Aldermen Kooiker / Schumacher
120.
License Application Process Review by Police Department, Alderman
Hurlbut
FINANCE OFFICER’S ITEMS
BID AWARDS
121.
No. CC071706-02
Manual, Multi-Parameter, EMS Cardiac Monitor
Defibrillators, Professional Use Automatic External Defibrillators, and Public
Access Automatic External Defibrillators (opened
122.
No. CC071706-02
Star of the West Sports Complex Parking
Lots Repair and Crack Sealing Project No. PR06-1585 / CIP No. 50538 (opened
CIP COMMITTEE ITEMS
APPROVAL OF BILLS
123.
No. CC071706-01 Bill List
for
PARKS &
RECREATION DEPARTMENT ITEMS
POLICE DEPARTMENT
ITEMS
PUBLIC WORKS
DIRECTOR’S ITEMS
DEVELOPMENT APPEALS AND REVIEW
BOARD
CITY ATTORNEY’S
ITEMS
124.
Executive Session
ADJOURN
