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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 17, 2009


(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 February 2, 2009

 

AWARDS AND RECOGNITIONS

 

1.                  Veteran of the Month

 

2.                  Employee Awards

 

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 3 - 82

 

Public Comment opened – Items 3 - 50

Public Comment closed

 

CONSENT ITEMS – Items 3 - 50

 

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 (March 2, 2009)

 

3.                  Rapid City Area Chamber of Commerce for a special Beer and Wine License for an event scheduled for March 19, 2009 at The Dahl Fine Arts Center, 713 7th Street

 

4.                  Fresh Start Convenience Stores, Inc. DBA Ranch Mart, 520 Birch Ave., for Package (off-sale) Liquor

 

Public Works Committee Consent Items

 

5.                  No. PW021009-16 – Direct staff to work with Mr. Flynn and Mr. Titus to review the request and develop a recommendation regarding the request from Mr. Flynn to Correct a Non-Conforming Sewer Service Line at 1225 Kansas City Street, and report to the Council on February 17, 2009.

 

6.                  No. PW021009-10 – Approve Change Order No. 3 Meade Street Reconstruction - Phase 2, to Heavy Constructors, Inc., Project No. DR03-1333 / CIP No. 50416, for an increase of $16,169.50. 

 

7.                  No. PW021009-11 – Approve Change Order No. 1F for Street Light Breakaway Coupling Replacement, to Conrad's Big "C" Electric, Inc., Project No. SL08-1768 / CIP No. 50747 for a decrease of $181.00.

 

8.                  No. PW021009-12 – Approve Change Order #5 for Saint Andrew Street Reconstruction, to Shovelhead Excavating, Inc., Project No. ST07-1604 / CIP No. 50410, for an increase of $15,526.00.

 

9.                  No. PW021009-01 – Authorize Staff to Advertise for Bids for Miscellaneous Improvements Project 2009, Sidewalk, ADA Access, Curb & Gutter and Other Improvements to Street Sections in Rapid City, Project No. MIP09-1774.

 

10.              No. PW021009-03 – Authorize Staff to Advertise for Bids for 2009 Roadway Painting Project, Repainting Longitudinal Traffic Lines Throughout Rapid City. 

 

11.              No. PW021009-05 – Authorize Mayor and Finance Officer to Sign Professional Services Agreement with Ferber Engineering Company, Inc. for Planning, Design, and Bidding of Silver Street Area Utility Improvements, Project No. SSW07-656 / CIP No. 50418, in the amount of $197,280.00.

 

12.              No. 09TP002 – Approve 2009-2013 Transportation Improvement Program Amendment No. 09-002. 

 

13.              No. 09RD001 – Approve a request by City of Rapid City to consider an application for a Resolution naming the unnamed right-of-way to Glenside Street on an unnamed right-of-way lying adjacent to Lot D of Lot 3 and Lot 7C and 7D of Lot 7 of Marshall Subdivision, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located lying north and south of Homestead Street and west of Valley Drive. 

 

Legal & Finance Committee Consent Items

 

14.              No. LF021109-36 – Authorize Rapid City Children’s Chorus to apply for and accept grant in the sum of $3,500 from the South Dakota Arts Council. 

 

15.              No. LF021109-01 – Confirm appointment of Michelle Lamphere, DelRita Schouten, Thomas Allen, and David Butler to the Beautification Committee for three year terms and confirm appointment of Todd Seaman as the SDDOT representative for a term to expire December, 2009. 

 

16.              No. LF021109-37 – Confirm re-appointment of Scott Sogge, Pat Roseland, and Jean Kessloff to the Historic Preservation Commission for three year terms. 

 

17.              No. LF021109-02 – Confirm appointment of Dr. Ernest A. Schabauer to the Journey Museum Board for a three year term. 

 

18.              No. LF021109-03 – Confirm appointment of Terri Haverly (Economic Development Representative) and reappointment of Gary Renner (Land Surveyor) and Rich Huffman (Citizen at Large) to the Development Appeals and Review Board for two year terms. 

 

19.              No. LF021109-38 – Acknowledge and accept the memorandum to all City employees from the Mayor regarding the ability for City employees to talk to the Mayor, the Human Resources Director, the City Attorney, or a member of the City Council if there is an employment issue and they do not feel comfortable going through the usual chain of command.

 

20.              Acknowledge the Mayor’s report regarding the headlines in the Rapid City Journal on a potential prison site by the Department of Corrections at the intersection of Homestead and Elk Vale.

 

21.              No. LF021109-04 – Acknowledge the Fire Code Review Committee recommendation and request the Mayor bring forward names for a committee.

 

22.              Acknowledge Olson’s report on the water main break on Sheridan Lake Road. 

 

23.              Acknowledge the soccer land update.   

 

24.              No. LF021109-06 – Authorize staff to advertise for bids for six (6) 2009 Chevy Impalas.   

 

25.              No. LF021109-07 –  Approve Event Permit from Rapid City Downtown Association for Bridal Walk – limo parking to be held on February 21, 2009, from 9:00 a.m. to 5:00 p.m. 

 

26.              No. LF021109-08 – Approve Event Permit from Dakota Celts, Inc. for St. Patrick’s Day Parade to be held on March 14, 2009, at 9:00 a.m.   

 

27.              No. LF021109-34 – Authorize Mayor and Finance Officer to sign Agreement for Independent Contractor Services with Robert Looyenga.   

 

28.              No. LF021109-09 – Authorize Mayor and Finance Officer to sign State of South Dakota Consultant Contract/Letter or Agreement for Consultant Services (May 11-22, 2009). 

 

29.              No. LF021109-10 – Authorize Mayor and Finance Officer to sign State of South Dakota Consultant Contract/Letter or Agreement for Consultant Services (October 18-30, 2009). 

 

30.              Authorize staff to apply for the FY 2008 Fire Prevention and Safety Grant from the Department of Homeland Security. 

 

31.              No. LF021109-12 – Authorize extension to March 31, 2009, regarding the Homestead Mobile Home Park License Application. 

 

32.              No. LF021109-13 – Authorize extension to March 31, 2009, regarding the Prairie Acres Mobile Home Park License Application.   

 

33.              No. LF021109-16 – Approve Resolution Increasing the Change Funds for the Rushmore Plaza Civic Center.

 

34.              No. LF021109-17 – Request staff to draft an ordinance to assign wards and precincts to newly annexed areas.   

 

35.              No. LF021109-18 – Recommend Bradeen Auctions, Inc. as the auctioneer for the City auction on a three-year contract.

 

36.              No. LF021109-19 – Approve Resolution Declaring Property Surplus. 

 

37.              No. LF021109-20 – Approve Resolution Writing Off Uncollectible Accounts Receivable Accounts.

 

38.              Acknowledge the following volunteers for workmen’s compensation purposes: Dalton Baker, Pandi Bollock, Abigail Gustafson, Grant Mason, Janet Noble, Charles Palmer, Shayla Seales, Jake Martin.

 

39.              No. LF012809-14 – Approve Adoption of Non-Union Employee Information Guide.

 

40.              No. LF021109-22 – Approve CDBG Annual Action Plan for FY2009 and authorize Mayor and Finance Officer to sign SF424 and certifications.

 

41.              No. LF021109-35 – Authorize Mayor and Finance Officer to sign Granicus, Inc. Service Agreement.

 

42.              No. LF021109-24 – Approve Travel Request for Public Works staff to attend 2009 Public Works Goal Setting Seminar at the Rushmore Plaza Civic Center March 6-9, 2009, in the approximate amount of $955.35.

 

43.              No. LF021109-25 – Acknowledge Waterfowl Management Plan (prepared by the Urban Wildlife Committee).

 

44.              Authorize staff to apply for a South Dakota Recreational Trails Program Grant for trail development in the Skyline Wilderness Area and the Chuck Lien Family Park.   

 

45.              No. LF021109-29 – Formally declare property at 1520 5th Street (Howard Liebowitz) a nuisance and order it be demolished. 

 

46.              No. LF021109-30 – Formally declare 1630 Pine Street a public nuisance and to hold abatement of the property in abeyance until June 1, 2009. 

 

47.              No. LF021109-31 – Acknowledge raffle request from Counts of the Cobblestone Car Club.

 

48.              No. LF021109-32 – Acknowledge request from Children’s Miracle Network for 20th Annual Great Black Hills Duck Race.

 

49.              No. LF021109-33 – Approve Property Tax Abatement, Golden West Teleco, 2008, $6,039.66. 

 

Growth Management Department Consent Items

 

50.              No. 08PL179 – Approve 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, Elks Crossing Subdivision, 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.

 

END OF CONSENT CALENDAR

 

NON-CONSENT ITEMS – Items 51 - 82

 

Public Comment opened – Items 51 - 82

Public Comment closed

 

Ordinances

 

51.              No. LF021109-11 – First Reading of Ordinance No. 5480, An Ordinance Creating Chapter 15.15 of the Rapid City Municipal Code Entitled International Existing Building Code.

 

52.              No. LF021109-14 – First Reading of Ordinance No. 5478, An Ordinance Revising the Regulations for Travel Parks by Amending Sections 12.44.010, 12.44.140, 12.44.220, and 12.44.250 of Chapter 12.44 of the Rapid City Municipal Code.

 

53.              No. LF021109-26 – First Reading of Ordinance No. 5481, An Ordinance Authorizing Water Bill Rebates for Purchase and Installation of Certain Water Conserving Appliances and Fixtures by Adding Section 13.04.655 to the Rapid City Municipal Code. 

 

54.              No. 09RZ004 – First Reading of Ordinance 5482, 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 B of Lot 2 of Lot A and Lot 1 of Tract A, all of Barnhart Subdivision, and the 150 foot wide East Highway 44 right-of-way located south of Tract B of Lot 2 of Lot A and Lot 1 of Tract A of Barnhart Subdivision, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2800 East Highway 44.

 

55.              No. 09RZ005 - First Reading of Ordinance 5483, 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 Medium Density Residential District on Lot 5 of Marshall Subdivision and the south 25 feet of Homestead Street located adjacent to Lot 5 of Marshall Subdivision, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2345 Homestead Street.

 

56.              No. 09RZ006 - First Reading of Ordinance 5484, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Frank Boyle for a Rezoning from Light Industrial District to General Commercial District on Lot 3 of Lot D of K-W Subdivision, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3637 Edwards Street.

 

57.              No. 09RZ007 - First Reading of Ordinance 5485, 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 1A of Lot 1 of Lot A of the SW1/4 SW1/4, and the 150 foot wide East Highway 44 right-of-way located south of Lot 1A of Lot 1 of Lot A of the SW1/4 SW1/4, and the 66 foot wide Valley Drive right-of-way located west of the Lot 1A of Lot 1 of Lot A of the SW1/4 SW1/4, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2700 East Highway 44.

 

58.              No. 09RZ008 - First Reading of Ordinance 5486, 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 14 less the west 100 feet of Hillsview Subdivision, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1475 Valley Drive.

 

59.              No. LF012809-33 – Second 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.  

 

60.              No. LF012809-34 – Second Reading of Ordinance No. 5474, An Ordinance Creating Chapter 15.14 of the Rapid City Municipal Code Entitled International Property Maintenance Code.

 

61.              No. LF012809-35 – Second 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.  

 

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

 

63.              No. LF012809-21 – Second 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.

 

64.              No. 08RZ035 - Second Reading of Ordinance 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.

 

65.              No. 09RZ001 - Second Reading of 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.

 

66.              No. 09RZ002 - Second Reading of 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 A request 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.

 

Growth Management Department Items (None)

 

Legal & Finance Committee Items

 

67.              No. LF012809-01 – Approve a time extension to February 26, 2009, for BankWest to complete the code violations at Deluxe Mobile Home Park and Countryside Mobile Home Park with the request that once the work on the violations is completed and an inspection done, a letter be sent to the City Council stating that the work is done.  

 

68.              Schedule a Special Council meeting to take action on the parking plan and the parking ordinance.

 

69.              No. LF021109-27 – First Reading of Ordinance No. 5479, An Ordinance Implementing the Recommendations of the Downtown Revitalization Task Force and Downtown Parking Committee by Adopting Parking Regulations for Certain Areas of Rapid City by Amending Chapter 10.44 of the Rapid City Municipal Code.

 

70.              No. LF021109-28 – Approve Resolution Establishing the Fees, Locations and Duration of Meters to be Installed in the City’s Meter Parking Zone Pursuant to Section 10.44.020 of the Rapid City Municipal Code.   

 

71.              No. LF021109-15 – Approve Resolution Acknowledging a Correction to the Minutes for the January 5, 2009 Council Meeting with the request that reference be made in the Resolution to the attached transcript.   

 

72.              No. LF021109-21 – Approve Financial Advisor for the sale of bonds for the Jackson Springs/Mountain View Road Water Treatment. 

 

73.              No. LF011409-20 – Approve eliminating the license for metals and gems entirely. 

 

74.              No. LF102908-21 – Second Reading of Ordinance No. 5444, An Ordinance to Provide for Criminal History Records Checks for Certain Business Licenses by Amending Various Sections of Title 5 of the Rapid City Municipal Code.

 

Public Works Committee Items

 

75.              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 10/20/2008, 12/01/2009 and 02/02/2009).

 

76.              No. PW021009-13 – Direct attorney to prepare a resolution indicating the City’s support for the addition of a bike lane on Jackson Boulevard for delivery to the SDDOT and have ready for Council meeting on February 17, 2009.   

 

77.              No. PW021009-16 – Direct staff to develop an amendment to Ordinance #5388 in order to provide alternative assignments of costs on bringing private nonconforming water and sewer serve lines up to current standards.  

 

78.              No. PW021009-14 – Authorize Staff to Prepare an Agreement accepting the drainage lot located in an unplatted parcel in the SW1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota number, with stipulation of meeting design standards and criteria before acceptance. 

 

79.              No. 09EX006 – Approve an Exception Request to allow curbside sidewalk with rolled curb 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, BHM, Rapid City, Pennington County, South Dakota. (08PD067 and 08SV059).   

 

Bids

 

80.              No. CC021709-02.1 – One (1) 2009 ADA Accessible Raised Floor Transit Vehicle (Opened on February 6, 2009)

 

81.              No. CC021709-02.2 – Blaine, Halley, Holcomb, East Jackson and North Maple Sanitary Sewer Reconstruction, Project No. SS08-1711 / CIP No. 50420 (Opened February 10, 2009)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

82.              Humane Society Update, Alderman Kooiker

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

Appeals

 

DARB

 

License application appeals

 

Sign Code Appeals

 

Other Appeals Heard by the Council

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 83 - 99

 

Open Public Hearing (comment) -- Items 83 - 99

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 83 - 95

 

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

 

Continue the following items until March 2, 2009:

 

83.              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.

 

84.              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.

 

 

85.              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.

 

86.              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.

 

87.              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.

 

88.              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.

 

89.              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.

 

90.              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 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.

 

91.              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.

 

92.              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.

 

93.              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.

 

94.              No. 09RZ003 - Second Reading, Ordinance 5477, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by TA request 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.

 

95.              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.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 83 - 99

 

CONSENT PUBLIC HEARING ITEMS – Item 96 - 99


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

 

Growth Management Items (None)

 

Alcohol Licenses

 

96.              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

 

97.              Central Baseball Association for a special Beer License for an event scheduled on February 28, 2009 at 109th Engineering Group Armory, Range Road

 

98.              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 (Continued from February 2, 2009)

 

99.              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 (Continued from February 2, 2009)

 

Assessment Rolls (None)

 

Other Items Requiring Public Hearings (None)

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 100 - 102

 

100.          Public Hearing for Drinking Water SRF loan for Water Treatment Plant Upgrades - Membrane Prepurchase, Project No.: W07-1689, CIP No. 50696.

 

101.          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.

 

102.          No. 08PD064 - A request by Jay Schmierer for Mandalay Homes for a Major Amendment to a Planned Residential Development on Lot 13 of Block 2 of Red Rock Meadows Subdivision, Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6446 Cog Hill Lane.

 

BILLS

 

103.          No. CC021709-01 – Bill List for February 17, 2009

 

EXECUTIVE SESSION permitted by SDCL 1-25-2

 

STAFF DIRECTION

 

ADJOURN