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., March 2, 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 17, 2009 and correct minutes from December 15, 2008 to reflect a correct project number for West Boulevard Area Sewer Reconstruction Project, Phase 2 – 11th Street, project number SS09-1772.

 

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.

 

1.                  Update on the Rapid City Economic Development and Black Hills Business Development Center, Jim Mirehouse and Terri Haverly

 

NON-PUBLIC HEARING ITEMS -- Items 2 - 63

 

Public Comment opened – Items 2 - 46

Public Comment closed

 

CONSENT ITEMS – Items 2 - 46

 

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 16, 2009)

 

2.                  Catholic Social Services for a Special Event Beer and Wine License for an event scheduled June 4, 2009 at Prairie Edge Trading Co. and Galleries, 6th Street and Main Street

 

3.                  Sodak Mex I, Inc. DBA On The Border, 1331 E. North Street, for a Retail (on-sale) Liquor License TRANSFER from Century Motels, Inc. DBA Howard Johnson, 950 North Street

 

Public Works Committee Consent Items

 

4.                  No. PW022409-01– Deny a request by the City of Box Elder to obtain the City of Rapid City’s Sewer Line Near Box Elder 

 

5.                  No. PW022409-02 – Direct staff to apply for a recreational trails program grant to be potentially utilized for a bike path or trail in the Deadwood Avenue area for inclusion in the master trails plan and acknowledge the report on sidewalks. 

 

6.                  Direct staff to review the current bike route plan and make recommendations for possible changes that may be needed since the plan was originally implemented.

 

7.                  Direct City Attorney’s office to develop a resolution for Mayor and City Council to support the annual Firemen’s Fill the Boot Fundraiser for MDA

 

8.                  No. PW022409-03 – Approve Change Order No. 2 Secondary Digester Cover and Gas Mixing Equipment Replacement, to Heavy Constructors, Inc., Project No. WRF07-1549A, for an increase of $1,625.36 and five days.

 

9.                  No. PW022409-13 – Approve Change Order No. 1 for Elk Vale Road Sanitary Trunk Sewer Extension, to Simon Contractors of SD, Inc., Project No. SS07-1658 / CIP No. 50686, for an increase of $27,771.00.

 

10.              No. PW022409-06 – Authorize Staff to Advertise for Bids for Elm Avenue Sanitary Sewer, Hillshire Court to Minnesota Street, Project No. SS08-1709 / CIP No. 50152. 

 

11.              No. PW022409-10 – Authorize Staff to Advertise for Bids for PW022409-10, PW022409-11, PW022409-12, PW022409-29.  PW022409-10 is a 2009 Street Division Class 8 Tandem Axle Dump Truck w/ Snow Plow Attachment.  Replacement – trade/auction #SO16:  1994 FRHT w/ 110,921 miles.  No. PW022409-11 is a 2009 Street Division Tandem Flat Bed Patch Truck.  Replacement for asphalt patch truck #S137:  1984 Chevy with 76,875 miles.  Street Division will fabricate utility portion of the truck bed.  No. PW022409-12 – is a 2009 Street Division Vacuum Street Sweeper.  Replacement for Sweeper #SO46:  2001 Elgin GeoVac w/ 3,925 hours.  No. PW022409-29 is a 2009 Street Division Sander/Spreader Truck.  Replacement for #SO63:  2000 International, small combination sander/dump truck with 19,961 miles.

 

12.              No. PW022409-18 – Authorize Staff to Advertise for Bids for East North Street Overlay, Project No. ST08-1784 / CIP No. 50445.

 

13.              No. PW022409-19 – Authorize Staff to Advertise for Bids for 44th Street Reconstruction – Phase I, Project No. ST05-1435 / CIP No. 50365.

 

14.              No. PW022409-20 – Authorize Staff to Advertise for Bids for PW022409-20, PW022409-21, PW022409-22, PW022409-23, and PW022409-24.  PW022409-20 – Hot Mixed Asphaltic Concrete for Various City Departments.  No. PW022409-21 – Limestone Gravel for Various City Departments.  No. PW022409-22 – Ready Mixed Concrete for Various City Departments.  No. PW022409-23 – Handheld, Mobile Two-Way Radios / Pagers for Various City Departments.  No. PW022409-24 – Sweeper Broom Refills for Street Cleaning. 

 

15.              No. PW022409-04 – Authorize Mayor and Finance Officer to Sign Professional Services Agreement with West Plains Engineering, Inc. to replace and relocate Motor Control Center in the Operations Building Old Lab Space.  Replace electrical feeders.  Provide environmental control and monitoring, Project No. WRF08-1732 / CIP No. 50730, in the amount of $65,155.00. 

 

16.              No. PW022409-14 – Authorize Mayor and Finance Officer to Sign Amendment with Stockwell Engineers, Inc. for Highway 16 Fire Detention Cell construction observation services (phase two and three.)  Project No. DR03-1268 / CIP No. 50440.  Amendment amount:  $2,900.00.

 

17.              No. PW022409-16 – Authorize Mayor and Finance Officer to Sign Amendment to Agreement with Wenck Associates, Inc. for Landfill Gas Study.  Project No. SWO08-1739 / CIP No. 50737, in the amount of $8,648.03. 

 

18.              No. PW022409-17 – Authorize Mayor and Finance Officer to Sign Consulting Agreement with Wenck Associates, Inc. for Landfill Leachate Removal and Remediation – Final Design and Bidding.  Project No. LF07-1681 / CIP No. 50694, in the amount of $23,515.00.

 

19.              No. PW022409-26 – Authorize Mayor and Finance Officer to Sign Professional Services Agreement with FMG, Inc. for Geotechnical Evaluation – Tower Road Water Main Loop, Project No. W09-1786 / CIP No. 50753, in the amount of $2,800.00. 

 

20.              No. PW021009-08 – Approve PW021009-08 and PW021009-09.  PW021009-08 – Authorize Mayor and Finance Officer to Sign Agreement with Dr. Duane Pankratz concerning Collection and Disbursement of Sewer Construction Fees for SDDOT Eglin Street Re-alignment, Project No. DEV06-825, P3230(00)43, DDI No. 05-0404.  No. PW021009-09 – Approve Resolution to Establish Sewer Frontage Construction Fees for SDDOT Eglin Street Re-alignment, Project No. DEV06-825, P3230(00)43, DDI No. 05-0404.

 

21.              No. PW022409-05 – Approve Request for Authorization to Seek Proposals for Engineering Services for Kepps Watermain Extension and Control Valve, Project No. W08-1702 / CIP #50625. 

 

22.              No. PW022409-08 – Approve Request for Permission to Purchase One ½ Ton Pickup Purchase from State Bid Contract #15540, from Beck Ford Motor Company, Pierre. 

 

23.              No. PW022409-15 – Approve an Initial Resolution of Necessity setting time and place for hearing on March 10, 2009, at seven o’clock p.m., for Tower Road Water Main Loop, Project No. W09-1786 / CIP No. 50753. 

 

24.              No. PW022409-27 – Approve Resolution for Bridge Reinspection Program for Use with SDDOT Retainer Contracts for 2009.

 

25.              No. PW022409-28 – Approve Request to Seek Proposals for Alfalfa/Hay Harvesting for Public Works Department. 

 

Legal & Finance Committee Consent Items

 

26.              Acknowledge report from Mike Miles on 2008 All Nighter Adult Softball Tournament and approve request for tournament to be held June 12-13, 2009. 

 

27.              No. LF022509-02 – Approve Resolution for 2009 Clean Up Day. 

 

28.              No. LF022509-03 – Confirm appointment of Suzanne Wilson to the Beautification Committee to fill a term vacated by Craig Grotenhouse to expire December, 2009. 

 

29.              No. LF022509-04 – Confirm appointment of Paul Weber as the Sign Industry Representative to the City Sign Code Board of Appeals for a three year term. 

 

30.              No. LF022509-05 – Confirm reappointment of CVB Director Michelle Lintz to the BID Board for a three year term. 

 

31.              No. LF022509-06 – Request the City of Rapid City nominate the “2012 Program” for “Awards for Municipal Excellence Co–Sponsored by the National League of Cities and CH2M Hill in Recognition of James C. Howland”.   

 

32.              No. LF022509-07 - Designate one parking space on the north side of Kansas City Street at the east end of the Qwest building as a loading/unloading zone with flashers required.   

 

33.              No. LF022509-08 – Approve Travel Request for Wayne Asscherick and Brian Blenner to attend Patrol Rifle Instructor School in Sioux Falls, SD, June 21-26, 2009, in the approximate amount of $1,776. 

 

34.              No. LF022509-09 – Approve Travel Request for Michaela Schanz to attend Seminar on Essential Ridgeology Concepts Important for Understanding Qualitative/Quantitative Methodology April 5-11, 2009, in Salt Lake City, UT, in the approximate amount of $1,759.71.

 

35.              Authorize staff to accept 2008 assistance to firefighters grant from Homeland Security in the amount of $89,564. 

 

36.              No. LF022509-11 – Approve Travel Request for Doug Curry and Mike Holmberg to attend Airport Safety & Operations School and Snow Symposium in Buffalo, NY, April 24-May 1, 2009, in the approximate amount of $4,122. 

 

37.              No. LF022509-12 – Approve Travel Request for Cameron Humphres to attend AllegiantAir Airport Conference in Las Vegas, NV, February 9-13, 2009, in the amount of $1,580.84. 

 

38.              No. LF022509-13 – Authorize the Mayor and Finance Officer to sign the Contract between Michelle L. Dennis/M.L. Dennis Consulting and the City of Rapid City for the Reconnaissance Survey, Comprehensive Preservation Plan Update, and Goals Training Project for the Historic Preservation Commission in an Amount Not to Exceed $9,750. 

 

39.              No. LF022509-14 – Approve Census Resolution.

 

40.              No. LF022509-15 – Authorize the Mayor and Finance Officer to sign Electrical Cooperative Revenue Agreement with West River Electric and Black Hills Cooperative Electric.   

 

41.              No. LF022509-16 – Acknowledge 30-day deadline extension request for the 2008 Annual Report.   

 

42.              No. LF022509-17 – Approve Resolution Declaring Property Surplus.   

 

43.              No. LF022509-18A – Approve Resolution Establishing a List of Persons from Whom to Select Freeholders to Appraise Surplus Properties with the addition of Sam Kooiker’s name to the list.   

 

44.              No. LF022509-19 – Approve the 2009 Parks Restroom and Shelter Custodial Contract with Black Hills Workshop in the amount of $79,768 and authorize the Mayor and Finance Officer to sign the Contract.   

 

45.              No. LF022509-23 – Authorize the Mayor to sign a letter of support for the Rapid City Walks Program.   

 

Growth Management Department Consent Items

 

46.              No. 08PL137 – Approve 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.

 

END OF CONSENT CALENDAR

 

NON-CONSENT ITEMS – Items 47 - 63

 

Public Comment opened – Items 47 - 63

Public Comment closed

 

Ordinances

 

47.              No. LF022509-20 – First Reading, Ordinance No. 5487, An Ordinance to Repeal the Requirement for a Precious Metals and Precious Gems License by Repealing Chapter 5.40 of the Rapid City Municipal Code.

 

48.              No. LF022509-21 – First Reading, Ordinance No. 5488, An Ordinance to Correct the Numbering of Certain Sections of the Rapid City Municipal Code by Re-Enacting Chapter 3.26 of the Rapid City Municipal Code and Creating Chapter 3.28 of the Rapid City Municipal Code. 

 

49.              No. 09RZ009 - First Reading, Ordinance No. 5490, 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 the SE1/4 of Government Lot 1 less the north 100 feet of the SE1/4 of Government Lot 1,  Lot A of Lutheran Subdivision, and the 33 feet of Valley Drive right-of-way adjacent to Lot A of Lutheran Subdivision, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 501 and 583 Valley Drive.

 

50.              No. 09RZ010 – First Reading, Ordinance No. 5491, 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 NE1/4 of Government Lot 1 located in the NE1/4 NE1/4 NE1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 405 Valley Drive.

 

51.              No. 09RZ011 - First Reading, Ordinance No. 5492, 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 20 foot wide private lane located adjacent and west of the unplatted balance of the W1/2 SE1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota and located adjacent to and west of 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, located at 3030 East Highway 44.

 

52.              No. 09RZ012 - First Reading, Ordinance No. 5493, 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 Public District on the unplatted balance of the W1/2 SE1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of S.D. East Highway 44 and west of Lancer Drive.

 

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

 

54.              No. LF021109-14 – Second Reading, 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. 

 

55.              No. LF021109-26 – Second Reading, 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.

 

Growth Management Department Items (None)

 

Legal & Finance Committee Items

 

56.              No. LF022509-10 – Approve of Event Permit for Order of Eastern Star for unenforced parking on both sides of Kansas City Street between 6th Street and 7th Street on March 7, 2009, from 9:00 a.m. to 5:00 p.m.    

 

57.              No. LF022509-24 – Authorize Mayor and Finance Officer to sign Contract for Legal Services as Bond Counsel between the City of Rapid City and Dorsey & Whitney LLP.   

 

Public Works Committee Items

 

58.              No. CC030209-04 - Authorize Mayor and Finance Officer to sign agreement transferring Tower Road from South Dakota Department of Transportation to the City of Rapid City.    

 

Bids

 

59.              No. CC030209-02.1 – Utility Cut Portland Cement Replacement (Opened on February 24, 2009)

 

60.              No. CC030209-02.2 – Alta Vista Drive Sanitary Sewer Extension SS08-1713 / CIP No. 50541 (Opened on February 24, 2009)

 

61.              No. CC030209-02.3 – Vickie Powers Playground Construction Materials Project No. PR08-6003 (Opened on February 25, 2009)

 

62.              No. CC030209-02.4 – Vickie Powers Park Phase I Project No. PR08-6002 (Opened on February 27, 2009)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

63.              No. CC030209-03 – Vision 2012 Update, Public Works Director Ellis

 

Appeals

 

DARB

 

License application appeals

 

Sign Code Appeals

 

Other Appeals Heard by the Council

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 64 - 88

 

Open Public Hearing (comment) – Items 64 - 88

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 64 - 75

 

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

 

Continue the following items until March 16, 2009:

 

64.              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.

 

65.              No. 08PL099 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 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.

 

66.              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.

 

67.              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.

 

68.              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.

 

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

 

70.              No. 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.

 

71.              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.

 

72.              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.

 

73.              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.

 

Continue the following items until April 6, 2009:

 

74.              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.

 

75.              No. 09PL001 - A request by Gene Quinn for a Layout Plat on Tract A Revised Lots 1 thru 5 of Block 1 of Blake Estates Subdivison, located in the W1/2 of the NW1/4, Section 18, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract A of Government Lot 1 and Tract A of Government Lot 2, located in the W1/2 of the NW1/4, Section 18, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6620 West Highway 44.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) – Items 64 – 88

 

CONSENT PUBLIC HEARING ITEMS – Items 76 - 82

 

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

 

Growth Management Items

 

76.              No. 09SE001 - A request by Hills Alive Festival for a Special Exception to the Flood Area Construction Regulations to allow temporary structures in the floodway on Tract 20 less Lot H1 of Rapid City Greenway Tract, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Omaha Street between North Mount Rushmore Road and Fifth Street.

 

77.              No. 09SV001 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install water and sewer along Elk Vale Road as per Chapter 16.16 of the Rapid City Municipal Code 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 the NW1/4 SW1/4 less Plum Creek Subdivision less Lot H1 and less Right-of-way, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at Elk Vale Road lying west of Willowbend Road.

 

78.              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.

 

Alcohol Licenses

 

79.              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

 

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

 

81.              Bully Blends Coffee and Tea, Inc. DBA Bully Blends Coffee and Tea Shop, 410 5th Street, for a Retail (on-sale) Wine License (Continued from 2/2/2009 and 2/17/2009)

 

82.              Bully Blends Coffee and Tea, Inc. DBA Bully Blends Coffee and Tea Shop, 410 5th Street, for a Retail (on-off sale) Malt Beverage License, no video lottery (Continued from 2/2/2009 and 2/17/2009)

 

Assessment Rolls (None)

 

Other Items Requiring Public Hearings (None)

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 83 - 88

 

83.              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 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.

 

84.              No. 09RZ004 - Second Reading, 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.

 

85.              No. 09RZ005 - Second Reading, 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.

 

86.              No. 09RZ006 - Second Reading, 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.

 

87.              No. 09RZ007 - Second Reading, 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 A request 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.

 

88.              No. 09RZ008 - Second Reading, 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 A request 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.

 

BILLS

 

89.              No. CC030209-01 – Bill List for March 2, 2009

 

EXECUTIVE SESSION permitted by SDCL 1-25-2

 

STAFF DIRECTION

 

90.              No. CC030209-05 - Declaration of Taking for Anamosa Street Right-of-Way.

 

ADJOURN