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

7:00 P.M., February 2, 2009

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

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.

 

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for January 16 and 17, 2009 Special Council Meetings and January 20, 2009 Regular Council Meeting

 

AWARDS AND RECOGNITIONS

 

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 1 - 82

 

Public Comment opened – Items 1 - 51

Public Comment closed

 

CONSENT ITEMS – Items 1 - 51

 

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

 

Vacations of Right-Of-Way Set for Hearing (March 2, 2009)

 

1.                  No. 09VR001 - A request by Dream Design International, Inc. for a Vacation of Right-of-way on the east 180 feet of the 20 foot alley in Block 11 of Plainview Second Addition, lying between Sunnyside Avenue and Anamosa Street and west of the west boundary of Riley Avenue, the entire 20 foot alley in Block 12 of Plainview Second Addition lying between Sunnyside Avenue and the railroad right-of-way and east of the east boundary of Riley Avenue, North Riley Avenue 80 foot right-of-way lying north of East Anamosa Street, Cambell Street right-of-way lying north of the railroad right-of-way, Sunnyside Avenue 80 foot right-of-way east of the east boundary of Riley Avenue and west of the west boundary of Cambell Street, all located in Plainview Second Addition, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of North Riley Avenue and East Anamosa Street.

 

Alcoholic Beverage License Applications Set for Hearing (February 17, 2009)

 

2.                  Rapid City Fine Arts Center, Inc. for a special Beer and Wine License for an event scheduled February 20, 2009 at Dahl Arts Center, 713 Seventh Street

 

Public Works Committee Consent Items

 

3.                  PW012709-01 – Approve Change Order #1 Final for Dover Lane Water Main Reconstruction, to Schad Excavation, LLC, Project No. W08-1707 / CIP No. 50704, for a decrease of $4,396.70.

 

4.                  PW012709-02 – Approve Change Order #1 Final for Allen Avenue Alley Sewer Reconstruction, to R.C.S. Construction, Inc., Project No. SS08-1710 / CIP No. 50419, for a decrease of $14,917.18.

 

5.                  PW012709-04 – Approve Change Order #1 for Wisconsin Avenue Water Main Reconstruction for Mainline Contracting, Inc. Project No. W08-1744 / CIP No. 50740, for an increase of $23,058.55.

 

6.                  PW012709-05 – Approve Items PW012709-05 and PW012709-06.  PW012709-05 is for Change Order #1 for Meade Street Reconstruction – Phase 2 Project No. DR03-1333 / CIP No. 50416, for $0.00, (Correct Funding Distribution).  PW012709-06 – is for Change Order #4  for St. Andrew Street Reconstruction, Project No. ST07-1604 / CIP No. 50410, for $0.00, (Correct Funding Distribution). 

 

7.                  PW012709-07 – Approve Change Order #2F for North Maple and East Disk Drive Intersection Reconstruction, to Heavy Constructors, Inc. Project No. ST08-1700 / CIP No. 50702, for a decrease of $646.28. 

 

8.                  PW012709-08 – Authorize Staff to Advertise for Bids for the Alta Vista Drive Sanitary Sewer Extension, Project No. SS08-1713 / CIP No. 50541. 

 

9.                  PW012709-09 – Authorize Staff to Advertise for Bids for the Elk Vale Road Sanitary Sewer Extension-Phase 2, Project No. SS08-1729 / CIP No. 50726. 

 

10.              PW012709-10 – Authorize Staff to Advertise for Bids for the Utility Cut Portland Cement (Concrete) Replacement for the Water Division.

 

11.              PW012709-11 – Authorize Staff to Advertise for Bids for the Brooke Street and Nicole Street Rehabilitation, Project No. ST08-1746 / CIP No. 50735. 

 

12.              PW012709-12 – Authorize Staff to Advertise for Bids to Purchase Small Garbage Collection Truck – Replacement – 122,000 Miles.

 

13.              PW012709-13 – Authorize Staff to Advertise for Bids to Purchase a New Motor Grader for Landfill Operations, Replace Existing Motor Grader, L938 with 7,798 hours. 

 

14.              PW012709-14 – Authorize Staff to Advertise for Bids for the Landfill Scale Approach Repair. 

 

15.              PW012709-15 – Authorize Staff to Advertise for Bids to Purchase Two (2) Skid Steer Loaders for Material Recovery Facility, Replace Existing Skid Steer Loaders, M950 – 2,977 hours, and M951 – 2,973 hours. 

 

16.              PW012709-16 – Authorize Mayor and Finance Officer to Sign an Agreement between City of Rapid City and the SD Department of Transportation for the acquisition of highway right of way for project NH 2016(17)64, PCN 6875 further described as US16B from US 16 to SD79 in Rapid City. 

 

17.              PW012709-17 – Authorize Mayor and Finance Officer to Sign a Professional Service Agreement with American Engineering and Testing, Inc. for 2009 Environmental Monitoring contract for Landfill and MRF.

 

18.              PW012709-19 – Authorize Staff to enter into negotiations for purchase of design drawings and specifications and to seek Proposals for Engineering Services for Project SSW09 – 1782, CIP #50396 Catron/Hwy 16B Sanitary Trunk Sewer Extension Project. 

 

19.              PW012709-20 – Approve a Resolution of necessity for the Acquisition of Public Right of Way Easement, Water Main Easement, Utility Easement, Major Drainage Easement, and Temporary Easements for Anamosa Street Through the Exercise of Eminent Domain.

 

20.              PW012709-21 – Approve Amendment No. 1 to the Contract Between the City of Rapid City and Solar Sound Corporation, dba Lighting Maintenance (Maintenance Contract for City Street Lights Project No. SD06-1148). 

 

21.              PW012709-28 – Declare an Emergency to Allow the Purchase of Deicing Compound:  Mg-Na-Cl Compound. 

 

22.              Approve expanding Rapid Transit Services to offer Saturday service. 

 

23.              PW012709-23 – Approve a Resolution to Establish a Water Construction Fee for the Creek Drive Water Main Extension. 

 

24.              PW012709-24 – Approve a request by Dream Design International for SSST, LLC for authorization to prepare an H-Lot located in the NW1/4 SW1/4, S1/2 S1/2 of Section 16 and the NE1/4 NW1/4 and the N1/2 NE1/4 of Section 21, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota and authorize acceptance of the deed. 

 

25.              No. 08VE023 - C. D. Rounds Subdivision – Approve a request by Davis Engineering for Larry P. and Terry Silver Wetch to consider an application for a Vacation of Utility and Minor Drainage Easement on Lot A of Tract C of C.D. Round Subdivision, located in the SE1/4, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3401 Sturgis Road. 

 

26.              PW012709-25 – Approve Items PW012709-25 and PW012709-26. Item PW012709-25 is to authorize seven public purpose signs in public right-of-way and at the Rapid City Civic Center.  Item PW012709-26 is to authorize Mayor and Finance Officer to sign a Memorandum of Agreement with Destination Rapid City for public purpose signs. 

 

Legal & Finance Committee Consent Items

 

27.              No. LF112508-24 – Request Community Development to apply for the prescription discount card with CVS Caremark (Continued from December 1, 2008).

 

28.              No. LF012809-02 – Confirm reappointment of Mark Young, Ken Vahle and Jay Powell to the Urban Forestry Board for three year terms. 

 

29.              Acknowledge report by staff regarding the signalization at Founders Park Drive and Omaha Street. 

 

30.              Acknowledge report from staff regarding pavement management process/ADA curb cuts.

 

31.              No. LF012809-03 – Acknowledge Capital Improvements Program Committee monthly update for January 2009.  

 

32.              Approve changing the March 20, 2009 CIP meeting to March 27, 2009. 

 

33.              No. CC020209-03 - Approve the CIP budget schedule for FY2010. 

 

34.              No. LF012809-04 – Approve funding for audio visual upgrades in the Council Chambers for $145,000 from CIP contingency. 

 

35.              No. LF012809-05 – Approve recommendation for funding to be carried forward in the Parks and Recreation CIP Fund.   

 

36.              No. LF012809-38 - Approve Event Permit for American Institute of Chemical Engineers to hold Dublin Dash on March 21, 2009, from 7:00 a.m. to 9:00 a.m.   

 

37.              No. LF012809-07 – Approve Travel Request for Jason Reitz to attend Tank Car Specialist Course in Pueblo, CO, March 15-21, 2009, in the approximate amount of $2,538. 

 

38.              No. LF012809-08 – Approve Travel Request for Rod Seals and Hunter Harlan to attend SRT Unit I/SRT Advanced Combo/Tech Rope Technician/NFPA Tech Courses in Yosemite, CA, April 17-29, 2009, in the approximate amount of $5,267.   

 

39.              No. LF012809-09 – Authorize staff to advertise for Requests for Proposals to provide City fireworks show for 2009 with an option for two additional years at a cost of $18,000 per year. 

 

40.              No. LF012809-32 – Approve request to award bids for 4 new model year ambulances and the remount of 1 present ambulance body on a new chassis.     

 

41.              No. LF012809-10 – Approve Travel Request for Emily Price to attend PACnet Ticketmaster Training and Workshop in Newport Beach, CA, February 22-25, 2009, in the approximate amount of $1,671.60. 

 

42.              No. LF012809-36 – Authorize staff to go out for Request for Proposal for Historic Preservation Commission Grant.

 

43.              No. 09TP001 – Authorize Mayor and Finance Officer to sign Professional Service Agreement with Felsburg Holt & Ullevig for the Chapel Valley Access - Traffic Analysis and Route Alignment Study in an amount not to exceed $118,000.00. 

 

44.              No. LF012809-31 – Approve Resolution Declaring Property Surplus.   

 

45.              No. CC020209-04 - Authorize staff to sign Combined Election Agreement City of Rapid City and Pennington County.

 

46.              No. LF012809-16 – Authorize staff to advertise for bids for Construction of PR08-6002 Vickie Powers Park, Phase 1. 

 

47.              No. LF012809-17 – Authorize staff to advertise for bids for PR08-6003 Vickie Powers Playground Construction Materials. 

 

48.              No. LF012809-22 – Authorize Mayor and Finance Officer to sign First Amendment to the Contract for Private Development Tax Increment District Number Fifty-Five between Freeland Meadows, LLC and the City of Rapid City.   

 

49.              No. LF012809-23 – Authorize Mayor and Finance Officer to sign Contract for Private Development Tax Increment District Number Sixty-Eight between SoDak Development, Inc. and the City of Rapid City. 

 

Growth Management Department Consent Items

 

50.              No. 08PL177 - A request by Renner & Associates for Shane Geidel for a Layout Plat on Lots 1A, 1B and 1C of Jundt Subdivision, located in the W1/2 of the NW1/4, Section 33, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot 1 of Jundt Subdivision, located in the W1/2 of the NW1/4, Section 33, T1N, R9E, BHM, Pennington County, South Dakota, located at 23410 Bradsky Road.

 

51.              No. 08PL178 - A request by Herbert Jones for a Layout Plat on Lot 11AR of Block 7, Eastern Acres Subdivision, Section 11, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 11A and the east 20 feet of Lot 11 of Block 7, Eastern Acres Subdivision, Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located at 4481 Corbin Drive.

 

END OF CONSENT CALENDAR

 

NON-CONSENT ITEMS – Items 52 - 82

 

Public Comment opened – Items 52 - 82

Public Comment closed

 

Ordinances

 

52.              No. LF012809-33 – First Reading of Ordinance No. 5472, An Ordinance Repealing Chapter 15.12 of the Rapid City Municipal Code In Its Entirety And Adopting A New Chapter 15.12 Of The Rapid City Municipal Code Entitled International Building Code. 

 

53.              No. LF012809-35 – First Reading of Ordinance No. 5474, An Ordinance Creating Chapter 15.14 of the Rapid City Municipal Code Entitled International Property Maintenance Code. 

 

54.              No. LF012809-34 – First Reading of Ordinance No. 5473, An Ordinance Repealing Chapter 15.13 of the Rapid City Municipal Code In Its Entirety And Adopting A New Chapter 15.13 Of The Rapid City Municipal Code Entitled International Residential Code with the exception of the requirement for a permit for roofers. 

 

55.              No. LF012809-11 – First Reading of Ordinance No. 5471, An Ordinance Regarding Supplemental Appropriation No. 2 for 2009. 

 

56.              No. LF012809-21 – First Reading of Ordinance No. 5470, An Ordinance To Regulate the Maximum Speed of Vehicles Traveling in the City of Rapid City by Amending Section 10.12.310 of the Rapid City Municipal Code.

 

57.              No. LF011409-19 – Second Reading of Ordinance No. 5377, An Ordinance to Amend the Rapid City Human Relations Commission by Amending Chapter 2.64 of the Rapid City Municipal Code.  

 

58.              No. LF052808-23A – Second Reading of Ordinance No. 5393 to Create a Life Safety Loan Program by Amending Title 3 of the Rapid City Municipal Code. 

 

59.              No. LF011409-14 – Second Reading of Ordinance No. 5460, An Ordinance Regarding Supplemental Appropriation No. 1 for 2009. 

 

Growth Management Department Items (None)

 

Legal & Finance Committee Items

 

60.              No. LF012809-01 – Discuss taking BankWest’s request for time extension regarding code violations at Deluxe Mobile Home Park and Countryside Mobile Home Park.   

 

61.              No. LF102908-20 – Discuss taking status of the Rushmont Project and staff recommendation for TIF No. 62.

 

62.              No. LF012809-06 – Approve Event Permit for Teddy’s Sports Grill for free parking on Saturday, February 28, 2009, commencing at 8:00 a.m. in the 800 Block of Main Street, the 400 and 500 Block of Ninth Street, and Lease Lot 8. 

 

63.              No. LF012809-13 – Sign-up sheet for the Local Board of Equalization.

 

64.              No. LF012809-18 – Authorize staff to purchase one Ford F150 1/2 ton regular cab pickup truck for the Aquatics Division from McKie Ford who will match State Contract No. 15539 in the amount of $14,862. 

 

65.              No. LF012809-19 – Authorize staff to purchase one Ford F250 3/4 ton regular cab long box pickup truck for the Parks Division from McKie Ford who will match State Contract No. 15539, in the amount of $20,825.

 

66.              No. LF012809-20 – Authorize staff to purchase one Chevrolet Colorado compact 4x4 extended cab pickup truck for the Parks Division from State Contract No. 15540 (Item #35), in the amount of $19,348.     

 

67.              No. LF012809-37 - Authorize Mayor and Finance Officer to sign Assignment Agreement between the City of Rapid City, BankWest, and North Streetfire Station, LLC.   

 

68.              No. LF012809-26 – Acknowledge raffle request from South Dakota Lions Foundation.   

 

69.              No. LF012809-27 – Acknowledge raffle request from Safari Club International, Greater Dacotah Chapter.   

 

70.              No. LF012809-28 – Acknowledge raffle request from Rapid City West High School Baseball Club, Inc.   

 

71.              No. LF012809-29 – Acknowledge raffle request from Western South Dakota Senior Services, Inc. 

 

72.              No. LF011409-10 – Deny request by Richard S. Tracy for abatement/refund of property taxes. 

 

73.              No. LF012809-12 – Approve property tax abatement for Christria Brookes for 2008 in the amount of $38.34. 

 

74.              No. LF012809-30 – Approve property tax abatements as follows:  DKEA, LLC, 2008, $112.26; DKEA, LLC, 2208, $8.24; National Relief Charities, 2008, $3,797.30; Rimrock Estates, LLC, 2008, $513.48; Skyline Drive Preservation, 2008, $495.22; Skyline Drive Preservation, 2008, $4,712.48; Skyline Drive Preservation, 2008, $5,964.38; Skyline Drive Preservation, 2008, $4,890.78; Skyline Drive Preservation, 2008, $2,139.32; Skyline Drive Preservation, 2008, $1,505.44; Skyline Drive Preservation, 2008, $4,728.32; Skyline Drive Preservation, 2008, $3,930.46; Skyline Drive Preservation, 2008, $3,910.24; Skyline Drive Preservation, 2008, $14,583.12; Skyline Drive Preservation, 2008, $122.82.   

 

Public Works Committee Items

 

75.              No. PW012709-18 – Sign Up Sheet for the Local Board of Equalization. 

 

76.              No. PW012709-22 - Water Conservation Program.     

 

77.              No. PW012709-27 – Authorize staff to purchase sand for deicing from the state contract from Pete Lien and Sons, Rapid City, Bid Item #740E0800.  

 

78.              No. PW101408-17 - Formally accept a warranty deed to land on the south 464.64 feet of the SE1/4NW1/4NE1/4 of Section 21, the south 464.64 feet of the NE1/4NE1/4, less Lot H1 of Section 21 and the SE1/4NE1/4 of Section 21, all located in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of the intersection of County Road and Elk Vale Road a distance of approximately 850 feet on the east side of Elk Vale Road.  (Continued from December 1, 2008).

 

Bids

 

79.              No. CC020209-02 – Four (4) new current model year Type III Ambulances and the remount of one of the Rapid City Fire Departments present Type III ambulance bodies on a new GM chassis for the Rapid City Fire Department (Opened on January 20, 2009)

 

80.              No. CC020209-02 – Highway 16 Fire Station Detention Cell DR03-1268 / CIP No. 50440 (Opened on January 27, 2009)

 

81.              No. CC020209-02 – Robbinsdale Park Water Main Loop W081748 / CIP No. 50717 (Opened on January 27, 2009)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

Appeals

Sign Code Appeals

 

82.              No. CC121508-04 - Donald W. Rice, Aggressive Auto (Continued from January 20, 2009)

 

CIP Committee Items (None)

 

PUBLIC HEARING ITEMS – Items 83 - 131

 

Open Public Hearing (comment) – Items 83 - 131

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 83 - 103

 

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

 

Continue the following items until February 17, 2009:

 

83.              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.

 

84.              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.

 

85.              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.

 

86.              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 NΌ Corner of Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South Dakota; Thence S00Ί06’56”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 N89Ί56’23”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 N89Ί57’20”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 S00Ί11’20”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 13Ί19’37” and whose long chord bears S06Ί43’28”E a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse Drive S13Ί38’17”E a distance of 668.79 feet; thence S76Ί22’04”W a distance of 265.23 feet; thence N13Ί37’01”W a distance of 439.18 feet; thence S76Ί22’37”W a distance of 60.35 feet; thence N13Ί37’23”W a distance 302.02 feet; thence N77Ί53’25”E a distance of 57.99 feet; thence N05Ί25’18”W a distance of 258.44 feet to the point of beginning, located at 333 Concourse Drive.

 

87.              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.

 

88.              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.

 

89.              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.

 

90.              No. 08PL176 - A request by Renner & Associates for Pete Lien and Sons for a Preliminary Plat on Lots 1 and 2 of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota, legally described as Lots A and B of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota, located at the Black Hills Dog Track adjacent to the west side of Sturgis Road and south of the intersection of Universal Drive and Sturgis Road.

 

91.              No. 08PL179 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 5 of Block 1, Lots 1 thru 7 of Block 2, Lot 1 of Block 3 and the drainage Lot 1, all located in the SW1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as an unplatted parcel located in the SW1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of intersection of Elk Vale Road and Willowbend Road and south of the existing Plum Creek Development.

 

92.              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 a request 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.

 

93.              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 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 NΌ Corner of Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South Dakota; Thence S00Ί06’56”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 N89Ί56’23”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 N89Ί57’20”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 S00Ί11’20”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 13Ί19’37” and whose long chord bears S06Ί43’28”E a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse Drive S13Ί38’17”E a distance of 668.79 feet; thence S76Ί22’04”W a distance of 265.23 feet; thence N13Ί37’01”W a distance of 439.18 feet; thence S76Ί22’37”W a distance of 60.35 feet; thence N13Ί37’23”W a distance 302.02 feet; thence N77Ί53’25”E a distance of 57.99 feet; thence N05Ί25’18”W a distance of 258.44 feet to the point of beginning, located at 333 Concourse Drive.

 

94.              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.

 

95.              No. 08SV057 - A request by Renner & Associates for Pete Lien and Sons for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Sturgis Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota, legally described as Lots A and B of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota, located at the Black Hills Dog Track adjacent to the west side of Sturgis Road and south of the intersection of Universal Drive and Sturgis Road.

 

96.              No. 08VR008 - A request by D.C. Scott Co. Land Surveyors for William Taylor for a Vacation of Right-of-way on the Monroe Street right-of-way from the east right-of-way line of Milwaukee Street to the west right-of-way line of the D.M.&E. railroad, located between and adjacent to Lots 11 thru 17 of Block 13, and Lot A of Block 18 of Wise's Addition to Rapid City, located in the S1/2 NW1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located between Milwaukee Street and Waterloo Street and west of the DM&E Railroad Right-of-way.

 

Continue the following items until March 2, 2009:

 

97.              No. 08OA003 - A request by City of Rapid City for an Ordinance Amendment to amend Section 17.50.335 "Sight Triangles" of the Rapid City Muncipal Code.

 

98.              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.

 

Continue the following items until May 4, 2009:

 

99.              No. 08PL124 - A request by CETEC Engineering Services, Inc. for OS Development, Inc. for a Preliminary Plat on Lot 1 of Block 1,  Lot 1 of Block 2, Lots 1 thru 40 of Block 3, Lots 1 thru 7 of Block 4, Lots 1 thru 10 of Block 5, Lots 1 thru 6 of Block 6, Lots 1 thru 12 of Block 7,  Lots 1 thru 8 of Block 8, Lots 1 thru 10 of Block 9, Tracts A and B and the dedicated public Right-of-way, located in the SW1/4 NE1/4, SE1/4 NE1/4, SE1/4, Section 22 and the NE1/4 NE1/4, SE1/4 NE1/4, SW1/4 NE1/4, Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a tract of land located in the SWΌ NEΌ, SEΌ NEΌ, SEΌ of Section 22 and the NEΌ NEΌ, of Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. Being more particularly described as follows: Commencing at the East Ό Corner of said Section 22, said point being monumented with a nail in the surface of the asphalt of Reservoir Rd and having two reference monuments consisting of a brass cap and iron pipe, one bears N40Ί53’23”W 46.84 feet, the second bears S42Ί28’55”W 47.86 feet; Thence S11Ί01’40”W 211.80 feet the True Point of Beginning, said point is on the westerly Right-of-Way line of said Reservoir Rd; Thence N88Ί20’56”W 42.22 feet to the beginning of a curve concave to the northeast having a radius of  454.00 feet; Thence along said curve a distance of 240.79 feet to the beginning point of a reverse curve having a radius of 666.00 feet; Thence along said curve a distance of 763.21 feet to a point; Thence N42Ί15’21”W 103.29 feet to the beginning of a curve concave to the northeast having a radius of 740.00 feet; Thence along said curve a distance of 109.90 feet to a point; Thence N04Ί01’19”W 212.28 feet to a point; Thence S55Ί45’42”W 75.36 feet to a point; Thence N86Ί53’21”W 134.46 feet to a point; Thence S10Ί21’24”E 98.19 feet to a point; Thence S35Ί06’10”W 63.00 feet to a point; Thence S46Ί21’05”E 109.89 feet to a the beginning of a non-tangent curve concave to the southwest having a radius of 936.00 feet and a chord bearing of S45Ί14’35”E; Thence along said curve a distance of 97.60 feet to a point; Thence S42Ί15’21”E 82.00 feet to a point; Thence S47Ί44’39”W 267.00 feet to a point; Thence S42Ί15’21”E 318.00 feet to the beginning of a curve concave to the southwest having a radius of 669.00 feet; Thence along said curve a distance of 415.25 feet to a point; Thence S04Ί27’54”E 52.00 feet to the beginning of a non-tangent curve concave to the west having a radius of 669.00 feet and a chord bearing of S00Ί04’26”E ; Thence along said curve a distance of 50.53 feet to a point; Thence S02Ί05’22”W 618.45 feet to a point; Thence N87Ί54’38”W 157.00 feet to a point; Thence S02Ί05’22”W 82.00 feet to a point; Thence S47Ί05’22”W 14.14 feet to a point; Thence N87Ί54’38”W 95.00 feet to a point; Thence S02Ί05’22”W 89.55 feet to the beginning of a curve concave to the northwest having a radius of 407.00 feet; Thence along said curve a distance of 283.67 feet to a point; Thence S42Ί01’34”W 129.91 feet to a point; Thence S47Ί44’39”W 76.00 feet to a point; Thence S42Ί15’21”E 25.35 feet to the beginning of a curve concave to the northeast having a radius of 1238.00 feet; Thence along said curve a distance of 692.63’ to a point; Thence S32Ί05’22”W 61.42 feet to the beginning of a curve concave to the northwest having a radius of 2060.00 feet; Thence along said curve a distance of 464.18 feet to a point; Thence S45Ί00’00”W 183.94 feet to a point; Thence S45Ί00’00”E 172.00 feet to a point; Thence N45Ί00’00”E 86.99 feet to a point; Thence S90Ί00’00”E 14.14 feet to a point; Thence S45Ί00’00”E 100.00 feet to a point; Thence N45Ί00’00”E 478.38 feet to a point; Thence S64Ί12’57”E 223.55 feet to the beginning of a non-tangent curve concave to the southwest having a radius of 254.00 feet and a chord bearing of S28Ί27’35”E; Thence along said curve a distance of 263.73 feet to a point; Thence S88Ί42’49”E 120.00 feet to the beginning of a non-tangent curve concave to the west having a radius of 374.00 feet and a chord bearing of S01Ί38’45”W; Thence along said curve a distance of 4.69 feet to a point; Thence S02Ί00’19”W 29.40 feet to a point; Thence S87Ί59’41”E 199.00 feet to a point along the westerly Right-of-Way line of said Reservoir Road; Thence N02Ί00’19”E 678.41 feet along said Right-of-Way where it intersects the South line of the Southeast quarter of said Section 22, from which the Southeast corner of said section 22 bears S88Ί27’49”E 33.00 feet, said point being monumented with an iron rod below the surface of the asphalt; Thence N02Ί03’51”E 38.00 along the Right-of-Way of said Reservoir Rd to a point; Thence N88Ί27’48”W 515.70 feet to the beginning of a curve concave to the northeast having a radius of 1162.00 feet; Thence along said curve a distance of 264.57 feet to a point; Thence N32Ί05’22”E 194.31 feet to the beginning of a curve concave to the northwest having a radius of 1066.00 feet; Thence along said curve a distance of 465.06 feet to a point; Thence S87Ί56’54”E 23.94 feet to the southwest corner of Tract 1 of the Bradeen Subdivision, said point being monumented with an iron rod and cap stamped “Cetec Eng LS 4725”; Thence N02Ί05’22”E 986.42 feet along the west line of said Tract 1 to the beginning of a non-tangent curve concave to the southwest having a radius of 1014.96 feet and a chord bearing N22Ί20’38”W said point is also the northwest corner of said Tract 1 and being monumented with an iron rod and cap stamped “Cetec Eng LS 4725”; Thence along said curve a distance of 695.42 feet to a point; Thence N42Ί03’11”W 203.20 feet to a point; Thence N41Ί26’28”W 12.09 feet to the beginning of a non-tangent curve concave to the south having a radius of 613.96 feet and a chord bearing of S89Ί59’42”E; Thence along said curve a distance of 686.58 feet to the beginning point of a reverse curve having a radius of 506.00 feet; Thence along said curve a distance of 268.36 feet to a point; Thence S88Ί20’56”E 41.85 feet to a point on the westerly Right-of-Way line of said Section 22; Thence N02Ί03’51”E 52.00 feet along said Right-of-Way line to the True Point of Beginning, Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Reservoir Road and south of the intersection of S.D. Highway 44 and Reservoir Road.

 

Continue the following items until June 1, 2009:

 

101.          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.

 

102.          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.

 

Continue the following items until August 3, 2009:

 

103.          No. 07RD007 - A request by Dream Design International for a Road Name Change from Sammis Trail to Moon Meadows Drive on the S1/2 NW1/4, S1/2 NE1/4, N1/2 SW1/4, N1/2 SE1/4 of Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of South Highway16 and south of Sammis Trail.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) – Items 83 - 131

 

CONSENT PUBLIC HEARING ITEMS – Items 104 - 119

 

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

 

Growth Management Items

 

104.          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.

 

105.          No. 08CA042 - A request by Sperlich Consulting, Inc. for Gary Rasmusson/Walgar Development Corp. for an Amendment to the Adopted Comprehensive Plan to revise the future Land Use Plan by changing the land use designation from Low Density Residential to Low Density Residential II on Lot 27 of Block 23 of Robbinsdale Addition No. 10, located in the NW1/4 SE1/4, E1/2 NW1/4 SE1/4, and in the SW/14 NE1/4 SE1/4, all in Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4182 Wisconsin Avenue.

 

106.          No. 08SV058 - A request by Renner & Associates for Shane Geidel for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, pavement, sidewalk, street light conduit, water and sewer along Bradsky Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1A, 1B and 1C of Jundt Subdivision, located in the W1/2 of the NW1/4, Section 33, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot 1 of Jundt Subdivision, located in the W1/2 of the NW1/4, Section 33, T1N, R9E, BHM, Pennington County, South Dakota, located at 23410 Bradsky Road.

 

107.          Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sewer along all of Vineyard Lane, to install a sidewalk along the north side of Vineyard Lane and to install sewer pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the section line highways abutting the east lot line and the south lot line of the property as they abut the south 495 feet of the NE1/4 SE1/4 less Lot 1, the SE1/4 SE1/4 all in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at Promise Road and Golden Eagle Road. (08SV059)

 

108.          No. 08SV059 - A request by Centerline, Inc. for Hidden Valley, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install sewer along Vineyard Lane, to waive the requirement to install sidewalk along the north side of Vineyard Lane, to waive the requirement to dedicate the section line highway as right-of-way, and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the section line highway as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1A, 1B, 1C, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B, 10, 10A, 10B, 11 of Block 1; Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B, 10A, 10B, of Block 2; Block 3; Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B, 10A, 10B, 11A, 11B, 12A, 12B, 13A, 13B, utility Lot 1, Outlots 1 thru 3, of Block 4; Block 5; and the dedicated public right-of-way, Skyline Village Subdivision, located in the SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the south 495 feet of the NE1/4 SE1/4 less Lot 1, the SE1/4 SE1/4 all in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Promise Road and Golden Eagle Road.

 

Alcohol Licenses

 

109.          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 (Continued from January 20, 2009)

 

110.          Bully Blends Coffee and Tea, Inc. DBA Bully Blends Coffee and Tea Shop, 410 5th Street, for a Retail (on-sale) Wine, no video lottery

 

111.          Bully Blends Coffee and Tea, Inc. DBA Bully Blends Coffee and Tea Shop, 410 5th Street, for a Retail (on-off sale) Malt Beverage, no video lottery

 

112.          Wal-East Development Inc. DBA Jokers Casino South, 502 West Boulevard, for a Retail (On-Off Sale) Malt Beverage License TRANSFER from Sarf, Inc., 1320 Mt. Rushmore Road #C

 

113.          Wal-East Development Inc. DBA Jackpot Casino East, 502 West Boulevard for a Retail (On-Off Sale) Malt Beverage License TRANSFER from ZBT, Inc., 2708 E. Highway 44

 

114.          Rapid City Area Chamber of Commerce, for a Special Event Malt Beverage and Wine License, to be used on February 24, 2009 at the Rushmore Mall, 2200 N Maple Avenue

 

115.          Rapid City Area Chamber of Commerce, for a Special Event Malt Beverage and Wine License, to be used on June 18, 2009 at the Black Hills Regional Eye Institute, 2800 3rd Street.

 

116.          Rapid City Fine Arts Center, Inc. for a special Beer and Wine License for an event scheduled February 7, 2009 at Dahl Arts Center, 713 Seventh Street

 

117.          Rapid City Fine Arts Center, Inc. for a special Beer and Wine License for an event scheduled February 21, 2009 at Dahl Arts Center, 713 Seventh Street

 

118.          Rapid City Fine Arts Center, Inc. for a special Beer and Wine License for an event scheduled February 27 and 28, 2009 at Dahl Arts Center, 713 Seventh Street

 

119.          Rapid City Fine Arts Center, Inc. for a special Beer and Wine License for an event scheduled March 7, 2009 at Dahl Arts Center, 713 Seventh Street

 

Assessment Rolls (None)

 

Other Items Requiring Public Hearings (None)

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 120 - 131

 

120.          No. 09RZ001 - First Reading, Ordinance 5475, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Commercial District on Lot 2 of Tract A of Barnhart Subdivision, and the 150 foot wide East Highway 44 Right-of-way located south of Lot 2 of Tract A of Barnhart Subdivision, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2808 East Highway 44.

 

121.          No. 09RZ002 - First Reading, Ordinance 5476, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Commercial District on Lot 3 of Barnhart Subdivision, and the 150 foot wide East Highway 44 right-of-way lying south of Lot 3 of Barnhart Subdivision, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2990 East Highway 44.

 

122.          No. 09RZ003 - First Reading, Ordinance , An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Commercial District on Tract C of the SE1/4 SW1/4 of Section 4 and Parcel E of the NE1/4 NW1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, the portion of Lot E of the NE1/4 NW1/4 lying north of the highway right-of-way for access to Interstate Highway No. 90 Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, and the unplatted balance of the W1/2 SE1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3030 and 3086 East Highway 44.

 

123.          No. 08RZ048 - Second Reading, Ordinance 5461, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Agriculture District on the E1/2 SE1/4, Section 32, and the SW1/4, Section 33, all located in T2N, R8E, BHM; and Government Lot 4 and the SW1/4 NW1/4 and the NW1/4 SW1/4 less Lot A, located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Valley Drive and east of Valley Drive and north of S.D. Highway 44.

 

124.          No. 08RZ049 - Second Reading, Ordinance 5462, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Ron Bengs of Advanced Engineering for Ross and Judy Rohde for a Rezoning from General Agricultural District to Light Industrial District on Lot 1 of Lot J except Lot 3 of Lot 1 of Lot J in the SE1/4 NW1/4 and the NE1/4 SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Kennel Drive.

 

125.          No. 08RZ050 - Second Reading, Ordinance 5463, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Sperlich Consulting, Inc. for Gary Rasmusson/Walgar Development Corp. for a Rezoning from Office Commercial District to Low Density Residential II District on a portion of Lot 27 of Block 23, Robbinsdale Addition No. 10, and formerly described in zoning document as a portion of Parcel 5 Located in the N1/2 of the SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the southwesterly corner of Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to a point on the northerly edge of the dedicated right-of-way of East Minnesota Street, and common to a point on the easterly edge of the dedicated right-of-way of Wisconsin Avenue, and the Point of Beginning; Thence, first course: northwesterly, along the westerly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the easterly edge of the dedicated right-of-way of said Wisconsin Avenue, curving to the right on a curve with a radius of 236.12 feet, a delta angle of 08 40’18”, an arc length of 35.74 feet, a chord bearing of N33Ί40’42”W, and a chord distance of 35.70 feet, to a point intersecting the northerly boundary of a previously described Rezone Parcel 5; Thence, second course: N69Ί52’14”E, along the northerly boundary of said Rezone Parcel 5, a distance of 89.73 feet, to a point of curve; Thence, third course: northeasterly, along the northerly boundary said Rezone Parcel 5, curving to the left on a curve with a radius of 1362.13 feet, a delta angle of 01Ί29’07”, an arc length of 35.31 feet, a chord bearing of N69Ί07’40”E, and a chord distance of 35.31 feet, to a point intersecting the easterly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to a point on the westerly boundary of Lot 14 of Block 10 of Robbinsdale Addition No. 10; Thence, fourth course: S25Ί27’00”E, along the easterly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the westerly boundary of said Lot 14 of Block 10 of Robbinsdale Addition No. 10, a distance of 6.08 feet, to the southeasterly corner of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the southwesterly corner of said Lot 14 of Block 10 of Robbinsdale Addition No. 10; Thence, fifth course: southwesterly, along the northerly edge of the dedicated right-of-way of East Minnesota Street, curving to the left on a curve with a radius of 1343.10 feet, a delta angle of 05Ί09’18”, an arc length of 120.84 feet, a chord bearing of S55Ί55’34”W, and a chord distance of 120.80 feet, to the southwesterly corner of Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to a point on the northerly edge of the dedicated right-of-way of East Minnesota Street, and common to a point on the easterly edge of the dedicated right-of-way of Wisconsin Avenue, and the Point of Beginning, located at 4182 Wisconsin Avenue.

 

126.          No. 08RZ051 - Second Reading, Ordinance 5464, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Sperlich Consulting, Inc. for Gary Rasmusson/Walgar Development Corp. for a Rezoning from Low Density Residential District to Low Density Residential II District on a portion of Lot 27 of Block 23, Robbinsdale Addition No. 10, Located in the N1/2 of the SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the southwesterly corner of Lot 1 of Block 23 of Robbinsdale Addition No. 10, and common to a point on the easterly edge of the dedicated right-of-way of Wisconsin Avenue; Thence, N70Ί21’03”E, along the northerly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the southerly boundary of said Lot 1 of Block 23 of Robbinsdale Addition No. 10, a distance of 13.55 feet, to a point intersecting the easterly boundary of  a previously described Rezone Parcel 4, and the Point of Beginning; Thence, first course: N70Ί21’03”E, along the northerly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the southerly boundary of said Lot 1 of Block 23 of Robbinsdale Addition No. 10, a distance of 59.91 feet, to a point intersecting the westerly boundary of  a previously described Rezone Parcel 7; Thence, second course:  S18Ί38’33”E, along the westerly boundary of said Rezone Parcel 7, a distance of 1.69 feet, to a point intersecting the northerly boundary of a previously described Rezone Parcel A; Thence, third course: S69Ί52’14”W, along the northerly boundary of said Rezone Parcel A, a distance of 59.92 feet, to a point intersecting the easterly boundary of  said Rezone Parcel 4; Thence, fourth course: N18Ί38’33”W, along the easterly boundary of  said Rezone Parcel 4, a distance of 2.20 feet,  to a point intersecting the northerly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the southerly boundary of said Lot 1 of Block 23 of Robbinsdale Addition No. 10, and the Point of Beginning, located at 4182 Wisconsin Avenue.

 

127.          No. 08RZ052 - Second Reading, Ordinance 5465, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Sperlich Consulting, Inc. for Gary Rasmusson/Walgar Development Corp. for a Rezoning from Low Density Residential District to Low Density Residential II District on a portion of Lot 27 of Block 23, Robbinsdale Addition No. 10, Located in the N1/2 of the SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northeasterly corner of Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to a point on the westerly boundary of Lot 14 of Block 23 of Robbinsdale Addition No. 10, Thence, S25Ί27’00”E, along the easterly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the westerly boundary of Lot 14 of Block 23 of Robbinsdale Addition No. 10, a distance of 3.82 feet, to a point intersecting  the southerly boundary of a previously described Rezone Parcel 7, and the Point of Beginning; Thence, first course: S25Ί27’00”E, along the easterly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the westerly boundary of said Lot 14 of Block 10 of Robbinsdale Addition No. 10, a distance of 80.18 feet, to a point intersecting the northerly boundary of a previously described Rezone Parcel 5; Thence, second course: southwesterly, along the northerly boundary said Rezone Parcel 5, curving to the right on a curve with a radius of 1362.13 feet, a delta angle of 01Ί29’07”, an arc length of 35.31 feet, a chord bearing of S69Ί07’40”W, and a chord distance of 35.31 feet, to a point of tangency; Thence, third course:  S69Ί52’14”W, along the northerly boundary of said Rezone Parcel 5, a distance of 89.73 feet, to a point intersecting the westerly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to a point on the easterly edge of the dedicated right-of-way of Wisconsin Avenue; Thence, fourth course: northwesterly, along the westerly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the easterly edge of the dedicated right-of-way of said Wisconsin Avenue, curving to the right on a curve with a radius of 236.12 feet, a delta angle of 00Ί42’23”, an arc length of 2.91 feet, a chord bearing of N28Ί59’21”W, and a chord distance of 2.91 feet, to a point intersecting the southerly boundary of a previously described Rezone Parcel A; Thence, fifth course: N69Ί52’14”E, along the southerly boundary of said Rezone Parcel A, a distance of 47.89 feet, to the southeasterly corner of said Rezone Parcel A; Thence, sixth course: N00Ί17’26”E, along the easterly boundary of said Rezone Parcel A, a distance of 82.29 feet, to a point intersecting the southerly boundary of a previously described Rezone Parcel 7; Thence, seventh course: N69Ί27’42”E, along the southerly boundary of said Rezone Parcel 7, a distance of 41.45 feet, to a point intersecting the easterly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the westerly boundary of said Lot 14 of Block 23 of Robbinsdale Addition No. 10., and the Point of Beginning, located at 4182 Wisconsin Avenue.

 

128.          No. 08RZ053 - Second Reading, Ordinance 5466, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Sperlich Consulting, Inc. for Gary Rasmusson/Walgar Development Corp. for a Rezoning from Office Commercial District to Low Density Residential II District on a portion of Lot 27 of Block 23, Robbinsdale Addition No. 10, and formerly described in zoning document as a portion of Parcel 4, and formerly described in zoning document as a portion of Parcel A, located in the NW1/4 of the SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the southwesterly corner of Lot 1 of Block 23 of Robbinsdale Addition No. 10, and common to a point on the easterly edge of the dedicated right-of-way of Wisconsin Avenue, and the Point of Beginning; Thence, first course: N70Ί21’03”E, along the northerly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the southerly boundary of said Lot 1 of Block 23 of Robbinsdale Addition No. 10, a distance of 13.55 feet, to a point intersecting the easterly boundary of  a previously described Rezone Parcel 4; Thence, second course:  S18Ί38’33”E, along the easterly boundary of said Rezone Parcel 4, a distance of 2.20 feet, to a point intersecting the northerly boundary of a previously described Rezone Parcel A; Thence, third course: N69Ί52’14”E, along the northerly boundary of said Rezone Parcel A, a distance of 66.39 feet, to the northeasterly corner of said Parcel A; Thence, fourth course: S00Ί17’26”W, along the easterly boundary of said Parcel A, a distance of 85.27 feet, to the southeasterly corner of said Parcel A; Thence, fifth course:  S69Ί52’14”W, along the southerly boundary of said Parcel A, a distance of 47.89 feet, to a point on the westerly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to a point on the easterly edge of the dedicated right-of-way of  said Wisconsin Avenue; Thence, sixth course: northwesterly, along the westerly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the easterly edge of the dedicated right-of-way of said Wisconsin Avenue, curving to the right on a curve with a radius of 236.12 feet, a delta angle of 08Ί57’01”, an arc length of 36.88 feet, a chord bearing of N24Ί09’39”W, and a chord distance of 36.85 feet, to a point of tangent on the westerly boundary of Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to a point of tangent on the easterly edge of the dedicated right-of-way of Wisconsin Avenue; Thence, seventh course: N19Ί41’41”W, along the westerly boundary of Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the easterly edge of the dedicated right-of-way of said Wisconsin Avenue, a distance of 40.47 feet, to a point intersecting the northerly boundary of a previously described Rezone Parcel 4; Thence, eighth course: N19Ί41’41”W, along the westerly boundary of Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the easterly edge of the dedicated right-of-way of said Wisconsin Avenue, a distance of 2.69 feet, to a point intersecting the northerly boundary of a previously described Rezone Parcel A; Thence, ninth course: N19Ί41’41”W, along the westerly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the easterly edge of the dedicated right-of-way of said Wisconsin Avenue, a distance of 2.31 feet, to the northwesterly corner of Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the southwesterly corner of Lot 1 of Block 23 of Robbinsdale Addition No. 10, and common to a point on the easterly edge of the dedicated right-of-way of Wisconsin Avenue, and the Point of Beginning, located at 4182 Wisconsin Avenue.

 

129.          No. 08RZ054 - Second Reading, Ordinance 5467, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on Lot A of the SE1/4 NW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Copperfield Subdivision, east of Valley Drive and west of Elk Vale Road.

 

130.          No. 08RZ055 - Second Reading, Ordinance 5468, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from General Agriculture District to General Commercial District on Lot 1 of Wally Byam Addition, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of South Dakota Highway 44 and Elk Vale Road.

 

131.          No. 08RZ056 - Second Reading, Ordinance 5469, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Commercial District on the unplatted portion of the N1/2 N1/2 N1/2 N1/2 N1/2 W1/2 SW1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Sammis Trail and east of U.S. Highway 16.

 

BILLS

 

132.          No. CC020209-01 – Bill List for February 2, 2009

 

EXECUTIVE SESSION permitted by SDCL 1-25-2

 

STAFF DIRECTION

 

ADJOURN