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

January 5, 2009 -- 7:00 P.M.

(Note, as a result of the adoption of the City Council Policies & Procedures,  the format of the agenda has changed.)

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for December 15, 2008

 

AWARDS AND RECOGNITIONS

 

1.                  Presentation by Nikko City (Sister City delegation)

 

GENERAL PUBLIC COMMENT

 

A time for the members of the public to discuss or express concerns to the Council on any issue not 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.

 

NON-PUBLIC HEARING ITEMS -- Items 2 - 66

 

Public Comment opened – Items 2 - 59

Public Comment closed

 

CONSENT ITEMS – Items 2 - 59

 

Remove Items from the “Consent Items” and Vote on Remaining Consent Items

 

Vacations of Right-Of-Way Set for Hearing (None)

 

Alcoholic Beverage License Applications Set for Hearing (January 19, 2008)

 

2.                      James R. Schuh DBA Black Hills Chapter of Germans from Russia Heritage Society, 4500 Jackson Boulevard for a special Beer License for an event scheduled February 21, 2009

3.                      Carolyn’s Casinos, Inc. DBA Carolyn’s Too, 1141 Deadwood Avenue Suite 2 for a Retail (On-Sale) Malt Beverage License TRANSFER from Carolyn’s Casinos, Inc. DBA Carolyn’s Casino, 512 West Boulevard.

4.                      Wal-East Development, Inc. DBA Jackpot Casino Too #2, 1415 N. LaCrosse Street #3B for a Retail (On-Sale) Malt Beverage License TRANSFER from High Plains Securities, Inc DBA High Plains Securities, 4030 Cheyenne Boulevard. (INACTIVE)

 

Retail (On-Sale) Wine License Renewal for 2009

 

5.                      Northstar, Inc. DBA Hunan Chinese Restaurant, 1720 Mt. Rushmore Road for a Retail (On-Sale) Wine License

 

Public Works Committee Consent Items

 

6.                      PW123008-11 – Appeal from Mike Powell of the Denial of an Exception Request to allow the use of a Nonconforming Water Service Line on the north 50 feet of Lots 35 & 36, Block 24, Flormann Addition in Section 1, T1N, R7E, Rapid City, Pennington County, South Dakota; and,  direct City staff to install the water line and establish a connection fee for the benefiting parties. 

 

7.                      PW123008-02 – Approve Change Order #001-Final for Roosevelt Park Improvements Phase 3, to RCS Construction, Inc., Project No. PR-07-1680, for an increase of $5,702.49.  

 

8.                      PW123008-16 – Approve Change Order No. 1F for Miscellaneous Improvements Project 2008, to Tru-Form Construction, Inc., Project No. MIP08-1685 / CIP No. 50298, for an increase of $6,161.58.   

 

9.                      PW123008-17 – Approve Change Order No. 2 for Farlow Avenue Water Main Reconstruction, to R.C.S. Construction, Inc., Project No. W07-1631 / CIP No. 50465, for a decrease of $26,100.00.  

 

10.                  PW123008-18 – Approve Change Order No. 2F for Generator Equipment Procurement for Well #12 - Stoney Creek Booster Station, to Butler Machinery Company, Project No. W03-953 / CIP No. 50318, for an increase of $750.99. 

 

11.                  PW123008-19 – Approve Change Order No. 3 for Saint Andrew Street Reconstruction, to Shovelhead Excavating, Inc., Project No. ST07-1604 / CIP No. 50410, for an increase of $18,468.00. 

 

12.                  PW123008-04 – Authorize staff to advertise for bids for Robbinsdale Park Water Main Loop, Project No. W08-1748 / CIP No. 50717.  

 

13.                  PW123008-05 – Authorize staff to advertise for bids for Highway 16 Fire Station Detention Cell, Project No. DR03-1268 / CIP No. 50440. 

 

14.                  PW123008-08 – Authorize staff to advertise for bids for Flormann Street Down Spout, Project No. DR08-1754 / CIP No. 50743.  Motion carried unanimously. 

 

15.                  PW123008-01 – Authorize Mayor and Finance Officer to Sign Amendment Number 1 to Agreement Number 713573 between the City of Rapid City and South Dakota Department of Transportation for the Eglin Street Construction from East North to the DOT Complex Entrance, Project P 1650(00), PCN 005Q, Project No. ST05-1470 / CIP No. 50560. 

 

16.                  PW123008-03 – Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid City and Black Hills Surgery Center for the Relocation of a Sewer Main, Project No. SS08-1713 / CIP No. 50541.   

 

17.                  PW123008-06 – Authorize Mayor and Finance Officer to sign items PW123008-06 and PW123008-07.  PW123008-06 - Agreement between the City of Rapid City and the US Department of the Interior, Bureau of Reclamation, for the Transfer of Operation, Maintenance, and Replacement of Project Works for Deerfield Dam and Reservoir (Deerfield) – Rapid Valley Project, South Dakota, Agreement No. 08XX620127.  PW123008-07 – Amendment No. 1 to Agreement No. 07XX620102, between the City of Rapid City and the US Department of the Interior, Bureau of Reclamation, for the Transfer of Operation, Maintenance, and Replacement of Project Works for Pactola Dam and Reservoir (Pactola) – Rapid Valley Project, South Dakota. 

 

18.                  PW123008-09 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement between the City of Rapid City and FMG, Inc., for the Elm Avenue Reconstruction, Phase 3 and Phase 4, in the amount of $156,790.00.  Phase 3 Project No. ST09-1759 / CIP No. 50130; Phase 4 Project No. ST10-1777 / CIP No. 50643. 

 

19.                  PW123008-12 – Authorize Mayor and Finance Officer to sign items PW123008-12 and PW123008-13.  PW123008-12 - Authorizing Resolution for the Drinking Water State Revolving Fund Loan Program, Jackson Springs and Mountain View Treatment Plant Projects.  PW123008-13 – State Water Plan Application Form. 

 

20.                  PW123008-14 – Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid City and Advanced Utility Systems to Implement the City’s Newly Adopted Utility Rates in the amount of $14,490.00.   

 

21.                  PW123008-15 – Authorize Mayor and Finance Officer to Sign Amendment No. 1 to the Agreement between the City of Rapid City and Quality Flow Systems, Inc., for the water system SCADA Master System Upgrade, Project No. W08-1745, CIP No. 50741, in the amount of $2,757.00. 

 

22.                  PW123008-10 – Authorize staff to issue a Request for Proposals and retain an Engineering Consultant for the development of a Solid Waste Management Plan; Project No. SWO09-1778 / CIP No. 50749.   

 

23.                  No. 08RD008 - Section 17, T1N, R8E – Approve a request by City of Rapid City to consider an application for a Resolution renaming the unnamed right-of-way to Pendleton Drive on the unnamed Right-of-way located adjacent to the western boundary of Lot C of the NW1/4 SW1/4, Lot 1 of Tract D of Black Hills Power & Light Highway 79 Substation Subdivision, and Lots 1A and 1B of E. Hoff Subdivision all located in Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located northeast of the intersection of South U.S. Highway 79 and Elk Vale Road.   

 

24.                  No. 08VE005 - Limestone Subdivision – Approve a request by Renner & Assoc. for Pete Lien & Sons to consider an application for a Vacation of Access Easement on 50 foot wide Access Easement, located in the SE1/4 NE1/4, Section 20, T2N, R7E, BHM, Pennington County, South Dakota, more generally described as being located southwest of the intersection of Zenker Place and Sturgis Road.   

 

25.                  No. 08VE029 - Rushmore Crossing – Deny without prejudice at the applicant’s request a request by Dream Design International, Inc. to consider an application for a Vacation of a Sign Easement on Lot 4 of Block 3 of Rushmore Crossing, located in the SE1/4 of the SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of I-90 and north of Eglin Street.   

 

26.                  No. 08VE024 - Eden Gardens Addition – Approve a request by William and Donna Petersen to consider an application for a Vacation of a portion of a Minor Drainage and Utility Easement on Lot 14 of Eden Gardens Addition, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2324 South Valley Drive.   

 

27.                  No. 08VE025 - Copperfield Vistas Subdivision – Deny without prejudice at the applicant’s request a request by Dream Design International, Inc. to consider an application for a Vacation of a Utility and Minor Drainage Easement on Lot 1 of Block 5 of Copperfield Vistas Subdivision, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Copperfield Drive between Eunice Drive and Bar Five Ranch Road.   

 

28.                  No. 08VE030 - Stoney Creek South Subdivision – Approve a request by Renner & Associates for Chad Carpenter to consider an application for a Vacation of a Minor Drainage and Utility Easement on Lots 1 and 2 of Block 3 of Stoney Creek South Subdivision, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 5624 and 5712 Bendt Drive.            

 

Legal & Finance Committee Consent Items

 

29.                  No. LF123008-01 -  Confirm reappointment of George Thompson (natural gas industry), Steve Street (mechanical contractor), and Ron Wagner (mechanical installer) to the Mechanical Board for two year terms and approve the appointment of Jesse Horst (wholesale business industry) to the Mechanical Board for a two year term.   

 

30.                  No. LF123008-02 – Confirm reappointment of Don Perdue, Ruth Brennan, and Nancy Anderson Smith to the Journey Museum Board of Directors for three year terms.   

 

31.                  No. LF123008-03 – Confirm reappointment of Peter Neumann (construction architectural representative) and Dennis Hettich (citizen representation) to the Sign Code Board of Appeals for three year terms.    

 

32.                  No. LF123008-04 – Confirm reappointment of Kale McNaboe and appointment of Steve Swanson to the Trenching Board for two year terms. 

 

33.                  No. LF123008-05 – Confirm reappointment of Jim Smoragiewicz and Sherri Zimmer to the Parks and Recreation Board for three year terms.    

 

34.                  Confirm appointment of Ruth Brennan and John Wagner to the West Boulevard Historic District Study Committee.     

 

35.                  No. LF123008-07 – Approve Travel Request for Malcom Chapman, Bill Okrepkie, and Deb Hadcock to attend 2009 National League of Cities Congressional City Conference in Washington, D.C. March 12-19, 2009, in the approximate amount of $9,410.   

 

36.                  No. LF123008-08 – Approve Travel Request for Karen Gunderson-Olson, Patti Martinson, Aaron Costello, and Robert Ellis to attend National League of Cities Green Cities Conference and Expo in Portland, OR, April 16-24, 2009, in the approximate amount of $7,576.     

 

37.                  No. LF123008-23 – Acknowledge Capital Improvements Program Committee monthly update for December, 2008.     

 

38.                  No. LF123008-09 – Approve Travel Request for Richard Holt and Don Hedrick to attend Training and Certification as Law Enforcement Fitness Specialist at the Cooper Institute in Dallas, TX, April 25-May 1, 2009, in the approximate amount of $3,064.   

 

39.                  No. LF123008-10 – Authorize staff to advertise for bids for four ambulances.  

 

40.                  No. LF123008-11 – Authorize Mayor and Finance Officer to sign Maintenance Agreement with A & B Business Solutions for color copier.   

 

41.                  Authorize staff to accept grant from South Dakota Hazardous Materials Emergency Preparedness for the 40 Hour Highway Response Specialist Course in Pueblo, CO, in the approximate amount of $2,538. 

 

42.                  Authorize staff to accept grant from South Dakota Hazardous Materials Emergency Preparedness for the 80 Hour HazMat Technician Course in Pueblo, CO, in the approximate amount of $4,270.    

 

43.                  Authorize staff to accept grant from South Dakota Hazardous Materials Emergency Preparedness for the 40 Hour Tank Car Specialist Course in Pueblo, CO, in the approximate amount of $2,538.      

 

44.                  No. LF123008-24 - Approve Travel Request for Alan Johnson to attend the 80 Hour HazMat Technician Course in Pueblo, CO, January 19-30, 2008, in the approximate amount of $4,270. 

 

45.                  No. LF123008-25 - Approve Travel Request for Jim Bussell to attend the Highway Emergency Response Specialist Course in Pueblo, CO, February 2-6, 2009, in the approximate amount of $2,538.      

 

46.                  No. LF123008-12 – Approve Travel Request for William Reishus to attend Large Frame Commercial Aircraft Class at the Dallas Fort Worth Airport Training Center in Dallas, TX, December 7-12, 2008, in the approximate amount of $1,534.05.   

 

47.                  No. LF123008-13 – Approve Travel Request for Ted Johnson, Engineering Project Manager, to attend the University of Wisconsin Madison Training Seminar in Las Vegas, NV, January 26-28, 2009 (travel dates January 25-29, 2009) in an estimated amount of $2,403.   

 

48.                  No. LF123008-14 – Authorize Mayor and Finance Officer to sign Contract for Worker's Compensation Third Party Administrator with Berkley Risk Administrators.  

 

49.                  No. LF123008-15 – Approve renewal of City’s insurance coverage for 2009. 

 

50.                  No. LF123008-16 – Authorize staff to go out for proposals for a financial advisor to assist with the sale of bonds for water/sewer projects.    

 

51.                  No. LF123008-17 – Approve Resolution to Establish the Non-Union Position of Compliance Specialist. 

 

52.                  No. LF123008-18 – Approve Resolution Adopting the Blue Line 457 Plan. 

 

53.                  No. LF123008-26 – Approve Travel Request for Greta Chapman, Sandra McNeely, Tim Olsen, and Sean Minkel to attend ALA Midwinter Conference in Denver, CO, January 23, 2009, in the approximate amount of $2,540.   

 

54.                  No. LF123008-19 – Authorize Mayor and Finance Officer to sign Amendment to the Professional Services Agreement with Wyss Associates, Inc. in the amount of $5,800 to provide design and construction services for facilities in Vickie Powers Memorial Park. 

 

55.                  No. LF123008-20 – Approve Resolution to Correct the Legal Description of Brookfield Tax Increment District Number Sixty-Seven.    

 

56.                  No. LF123008-21 – Acknowledge raffle request from Rapid City Elks Lodge. 

 

57.                  No. LF123008-22 – Acknowledge raffle request from American Heart Association.    

 

58.                  Approve the following licenses: Mechanical Apprentice: Jeffrey Moss and Blaine Henderson; House Mover: Scott Schauer, Northland Building Movers Inc.; Warner Ghere, Ghere House Moving; Paul Kostboth, SD Housing Development Authority; Ross Olson, Modern House Movers; and O’Neil Company Inc.; Sewer and Water Journeyman:   Steven Patridge, Grizzly Excavation, Inc.   

 

Growth Management Department Consent Items

59.                  No. 08PL154 - A request by D.C. Scott Co. Land Surveyors for William M. Jobgen for a Layout Plat on Lots 1 and 2 of Lot 7 of Pleasant View Subdivision, located in the SE1/4 SE1/4 and Lot B of the SW1/4 SW1/4, Section 11, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 7 of Pleasant View Subdivision, located in the SE1/4 SE1/4 and Lot B of the SW1/4 SW1/4, Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located north of Longview Road, west of Crane Drive.

 

END OF CONSENT CALENDAR

 

NON-CONSENT ITEMS – Items 60 – 66

 

Public Comment opened – Items 60 - 66

Public Comment closed

 

Ordinances

 

60.              No. LF102908-21 – Second Reading, Ordinance No. 5444, Ordinance to Provide for Criminal History Records Checks for Certain Business Licenses by Amending Various Sections of Title 5 of the Rapid City Municipal. (Continued from the December 15, 2008 Council meeting.)

 

Growth Management Department Items (None)

 

Legal & Finance Committee Items

 

61.              No. LF123008-06 – Confirm appointment of Eddie Rypkema and Batool Merali to the Civic Center Board for three year terms.   

 

62.              No. CC010509-03 - Approve removal of the requirement for Council authorization to solicit proposals for design services from the CIP project approval process.     

 

63.              A request to continue discussion of public safety and maintenance concerns at Countryside Mobile Home Court on East St. Patrick Street to the January 14, 2009, Legal and Finance Committee meeting. 

 

64.              A request to take discussion regarding audio/visual upgrades in the Council chambers to the January 5, 2009, City Council meeting without recommendation. 

 

Public Works Committee Items (None)

 

Bids

 

65.              No. CC010509-01 – Sewer Cleaning Combination Jet/Vacuum Machine for Water Reclamation Division (Opened on December 30, 2008)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

66.              No. CC010509-02 – Vision 2012 Update, Public Works Director Ellis

 

Appeals

 

DARB

 

License application appeals

 

Sign Code Appeals

 

Other Appeals Heard by the Council

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 67 - 86

 

Open Public Hearing (comment) -- Items 67 - 86

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 67 - 81

 

Remove Items from the “Continued Public Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent Items

 

Continue the following items until January 20, 2009:

 

67.              No. 08PL098 - A request by Dream Design International Inc. for a Preliminary Plat on Lots 29 thru 33 of Block 3 of Homestead Plaza Subdivision, located in the S1/2 NW1/4 and in the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract A of F&N Subdivision, the balance of the E1/2 SW1/4 NW1/4, the balance of the SE1/4 NW1/4, located in the S1/2 NW1/4 and the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Timmons Boulevard, south of Neel Street and west of Big Sky Drive.

 

68.              No. 08PL102 - A request by Black Hills Area Habitat for Humanity for a Preliminary Plat on Blocks 73A, 73B and 73C of Mahoney Addition, located in the SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Block 73 of Mahoney Addition, all located in the SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1323 Midway Street.

 

69.              No. 08PL145 - A request by Sperlich Consulting, Inc. for Ronald Shape for a Preliminary Plat on Lot 13 of Block 6, Lots 2 thru 11 of Block 7, Lots 2 thru 11 of Block 8 of Homestead Subdivision, located in a portion of the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern terminus of Homestead Street and north of Carl Avenue.

 

70.              No. 08SV054 - A request by Sperlich Consulting, Inc. for Joe Muth at Doeck, LLC for a Variance to the Subdivision Regulations to waive the requirement to install water as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1R-2 of Block 3 of Rainbow Ridge Subdivision, located in E1/2 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1R of Block 3 of Rainbow Ridge Subdivision, located in the SE1/4 NE1/4, and a portion of the NE1/4 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest terminus of Bunker Drive.

 

71.              No. 08VR005 - A request by City of Rapid City for a Vacation of Right-of-way on the entire Second Street Right-of-way from the South Street Right-of-way south of the south lot line of Lots 16 thru 18 of Block 5 of Kellogg Addition, and a 60 foot wide portion of the Second Street Right-of-way located on the east side of Block 5 of Flormann Addition, from the south lot line of Lots 16 thru 18 of Block 5 of Kellogg Addition south to 12 foot north of the northeast corner of Tract Y of Flormann Addition located in the S1/2, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of the intersection of Second Street and Signal Drive.

 

72.              No. 08VR006 - A request by City of Rapid City for a Vacation of Right-of-way on the entire South Street Right-of-way located south of Block 128 of the Original Town of Rapid City and south of the previously vacated portion of Second Street Right-of-way located on the east side of Block 128 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of Third Street and South Street.

 

73.              No. 08VR007 - A request by City of Rapid City for a Vacation of Right-of-way on the remaining portion of Saint James Street right-of-way located between Block 5 and Tract Y of Flormann Addition beginning at the Second Street Right-of-way and extending west a distance of 180 feet located in the NE1/4 SW1/4, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of the intersection of Second Street and St. James Street.

 

Continue the following items until February 2, 2009:

 

74.              No. 05VR014 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Vacation of Section Line Highway on that portion of the statutory Section Line Right-of-Way lying in the NE1/4, SE1/4, Section 13, T2N, R7E, and that portion of the statutory Section Line Right-of-Way, lying in Tract 5, Sletten Addition, located in the NW1/4, SW1/4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the north to east curve of West Nike Road.

 

75.              No. 07PL134 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 12 of Block 1,  Lots 1 thru 7 of Block 2,  Lots 1 thru 4 of Block 3,  Lots 1 thru 15 of Block 4, and  Lots 1 thru 31 of Block 5 of Hyland Crossing Subdivision and the dedicated Right-of-way, located in the  W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Dreamscape Drive.

 

76.              No. 07SV057 - 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 pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 12 of Block 1,  Lots 1 thru 7 of Block 2,  Lots 1 thru 4 of Block 3,  Lots 1 thru 15 of Block 4, and  Lots 1 thru 31 of Block 5 of Hyland Crossing Subdivision and the Dedicated Right-of-way, located in the  W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Dreamscape Drive.

 

77.              No. 08CA037 - A request by TSP, Inc. for Black Hills Corporation for an Amendment to the Adopted Comprehensive Plan to change the Future Land Use Plan from Planned Residential Development with 6.7 dwelling units per acre to Office Commercial District with a Planned Commercial Development on the SW1/4 of the SW1/4, and that part of the NW1/4 of the SW1/4 lying south of Highway Right-of-way, less Lot H1, all located in Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Catron Boulevard and east of Tartan Court.

 

78.              No. 08PL099 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1thru 28 of Block 3; Tracts A, B, C and D of Block 4 of Homestead Plaza Subdivision, located in the S1/2 NW1/4 and in the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract A of F&N Subdivision, the balance of the E1/2 SW1/4 NW1/4, the balance of the SE1/4 NW1/4, located in the S1/2 NW1/4 and the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Timmons Boulevard, south of Neel Street and west of Big Sky Drive.

 

79.              No. 08PL116 - A request by Sperlich Consulting, Inc. for Zandstra Real Estate Holdings for a Preliminary Plat on Lots 8 thru 12 of Block 8, Lots 5 thru 9 of Block 9, Lots 17 thru 23 of Block 10, Lots 4 thru 18 of Block 11 and Lots 1 thru 10 of Block 13 of Elks Country Estates, located in a portion of Tract 1 of the E1/2, Section 16, T1N, R8E, BHM, located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1 of the E1/2, Section 16, T1N, R8E, BHM, located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the north and south sides of the intersection of Jolly Lane and Padre Drive and adjacent to Forest Oaks Court.

 

80.              No. 08PL131 - A request by FourFront Design, Inc. for Rapid City Economic Development Foundation for a Preliminary Plat on Lot 1R and Lot 2 of Block 3 of Rushmore Business Park, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 3 and a portion of Government Lot 2, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at the N¼ Corner of Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South Dakota; Thence S00º06’56”W along the Center 1/4 line of said Section 4 a distance of 124.10 feet to a point on the South Right-of-Way of East Anamosa Street, Thence N89º56’23”E along said South Right-of-Way of East Anamosa Street a distance of 142.23 feet to a point along said Right-of-Way to the point of beginning: Thence N89º57’20”E along said South Right-of-Way of East Anamosa Street a distance of 285.56 feet to the intersection of the South Right-of-Way of East Anamosa Street and the West Right-of-Way of Concourse Drive; thence S00º11’20”W along the West Right-of-Way of Concourse Drive a distance of 129.00 feet; thence continuing along the West Right-of-Way of Concourse Drive along a curve to the LEFT, having a radius of 562.00 feet, a delta angle of 13º19’37” and whose long chord bears S06º43’28”E a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse Drive S13º38’17”E a distance of 668.79 feet; thence S76º22’04”W a distance of 265.23 feet; thence N13º37’01”W a distance of 439.18 feet; thence S76º22’37”W a distance of 60.35 feet; thence N13º37’23”W a distance 302.02 feet; thence N77º53’25”E a distance of 57.99 feet; thence N05º25’18”W a distance of 258.44 feet to the point of beginning, located at 333 Concourse Drive.

 

81.              No. 08PL137 - A request by Britton Engineering & Land Surveying for Linda Weins for a Layout Plat on Lots 1 thru 4 of Weins Subdivision, formerly an unplatted parcel located in the E1/2 NW1/4 SW1/4 less Lot 1 of Trusty Subdivision and less County Road Right-of-way all located in Section 15, T1S, R7E, BHM, Pennington County, South Dakota, legally described as an unplatted parcel located in the E1/2 NW1/4 SW1/4 less Lot 1 of Trusty Subdivision and less County Road Right-of-way all located in Section 15, T1S, R7E, BHM, Pennington County, South Dakota, located at 13924 Neck Yoke Road.

 

82.              No. 08PL143 - A request by Sperlich Consulting, Inc. for Joe Muth at Doeck, LLC for a Preliminary Plat on Lot 1R-2 of Block 3 of Rainbow Ridge Subdivision, located in E1/2 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1R of Block 3 of Rainbow Ridge Subdivision, located in the SE1/4 NE1/4, and a portion of the NE1/4 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest terminus of Bunker Drive.

 

83.              No. 08SV047 - A request by FourFront Design, Inc. for Rapid City Economic Development Foundation for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along East Anamosa Street and to waive the requirement to install sidewalk on Concourse Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1R and Lot2 of Block 3 of Rushmore Business Park, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 3 and a portion of Government Lot 2, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at the N¼ Corner of Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South Dakota; Thence S00º06’56”W along the Center 1/4 line of said Section 4 a distance of 124.10 feet to a point on the South Right-of-Way of East Anamosa Street, Thence N89º56’23”E along said South Right-of-Way of East Anamosa Street a distance of 142.23 feet to a point along said Right-of-Way to the point of beginning: Thence N89º57’20”E along said South Right-of-Way of East Anamosa Street a distance of 285.56 feet to the intersection of the South Right-of-Way of East Anamosa Street and the West Right-of-Way of Concourse Drive; thence S00º11’20”W along the West Right-of-Way of Concourse Drive a distance of 129.00 feet; thence continuing along the West Right-of-Way of Concourse Drive along a curve to the LEFT, having a radius of 562.00 feet, a delta angle of 13º19’37” and whose long chord bears S06º43’28”E a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse Drive S13º38’17”E a distance of 668.79 feet; thence S76º22’04”W a distance of 265.23 feet; thence N13º37’01”W a distance of 439.18 feet; thence S76º22’37”W a distance of 60.35 feet; thence N13º37’23”W a distance 302.02 feet; thence N77º53’25”E a distance of 57.99 feet; thence N05º25’18”W a distance of 258.44 feet to the point of beginning, located at 333 Concourse Drive.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 67 - 86

 

CONSENT PUBLIC HEARING ITEMS – Items (None)

 

Remove Items from the “Consent Public Hearing Items” and Vote on Remaining Consent Items

 

Growth Management Items

 

Vacations of Right-Of-Way (None)

 

Alcohol Licenses (None)

 

Assessment Rolls (None)

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 84 - 86

 

84.              No. 08SV049 - A request by Sperlich Consulting, Inc. for Roy Burr for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the 66 foot wide private drive and utility easement; to reduce the width of the access easement from 45 feet to 20 feet and to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 8 of Block 2 of Villaggio at Golden Eagle, located in a portion of the W½ of the NW¼ of the SE¼, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the W1/2 of the NW1/4 of the SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Catron Boulevard and west of Golden Eagle Drive.

 

85.              No. 08SV051 - A request by Renner & Associates for Doug Noyes for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk along Clark Street, to waive the requirement to construct sewer, water, street light conduit, sidewalk, asphalt and curb and gutter along Fairview Street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of resubdivision of Lot 13 of Block 31 of Boulevard Addition and vacated portion of Fairview Street, located in the SW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 13 of Block 31 of Boulevard Addition, being all of Block 31 west of the north/south Alley and a portion of Fairview Street, located in the SW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of Clark Street and Forest Hills Drive/Fairview Street.

86.              No. 08RZ035 – Second Reading, Ordinance No. 5437, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within described property as requested by TSP, Inc. for Black Hills Corporation for a Rezoning from General Agriculture District to Office Commercial District on the SW1/4 of the SW1/4, and that part of the NW1/4 of the SW1/4 lying south of Highway Right-of-way, less Lot H1, all located in Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Catron Boulevard and east of Tartan Court.

 

BILLS

 

87.              Bill List for January 5, 2009

 

EXECUTIVE SESSION permitted by SDCL 1-25-2

 

STAFF DIRECTION

 

ADJOURN