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 16, 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 26, 2009, March 4, 2009 and March 5, 2009 Special Council Meetings and March 2, 2009 Regular Council Meeting

 

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. \

 

3.                  Report from Linda Anderson, Dahl Arts Center

 

NON-PUBLIC HEARING ITEMS -- Items 4 - 81

 

Public Comment openedItems 4 - 81

Public Comment closed

 

CONSENT ITEMS – Items 4 - 55

 

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 (April 6, 2009)

 

4.                  Dahl Arts Center for a Special Event Beer and Wine License for an event scheduled April 15, 2009 at the Art Museum at the Dahl, 713 7th Street

 

5.                  Dahl Arts Center for a Special Event Beer and Wine License for an event scheduled April 17, 2009 at the Art Museum at the Dahl, 713 7th Street

 

6.                  Dahl Arts Center for a Special Event Beer and Wine License for an event scheduled April 18, 2009 at the Art Museum at the Dahl, 713 7th Street

 

7.                  Wildlife Experiences, Inc. for a Special Event Wine License for an event scheduled April 18, 2009 at The Prairie Edge Gallery, 606 Main Street

 

8.                  Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for an event scheduled April 14, 2009 at Highmark Federal Credit Union, 725 5th Street

 

9.                  Orris Enterprises, Inc. DBA Vino 100, 520 7th Street for a Retail (on-off sale) Wine License

 

10.              Burnell Lutz DBA One Stop Shop and Laundry, 190 N. Maple for a Package (off-sale) Malt Beverage License

 

11.              Fresh Start Convenience Stores, Inc. DBA Fresh Start Rapid Valley, 3887 E. Hwy. 44 for a Retail (on-off sale) Malt Beverage TRANSFER from VSADD Holdings, LLC DBA Ranch Mart, 3887 E. Hwy. 44

12.              Arnolds, Inc. DBA Buck N Gator, 4095 Sturgis Rd. for a Retail (on sale) Liquor License TRANSFER from Harbry Enterprises, Inc. DBA Buck N Gator, 4095 Sturgis Rd.

 

Public Works Committee Consent Items

 

13.              Acknowledge the Report on the Effects of Septic Systems. 

 

14.              Approve recommendation to refer St. Patrick Street and Mt. Rushmore Road ADA and Vehicle Traffic Safety to the MPO. 

 

15.              No. PW031009-2A – Approve Change Order No. 3 Final, for the Canyon Lake Maintenance Shop, to SECO Construction, Inc., Project No. GB08-1714, for a decrease of $2,000.00. 

 

16.              No. PW031009-01 – Authorize Staff to Advertise for Bids for Sixth Street Water Main - Franklin Street to St. Charles Street, Project No. W08-1742 / CIP No. 50738.  Estimated cost of project:  $68,680.00.

 

17.              No. PW031009-02 – Authorize Staff to Advertise for Bids for Water Treatment Plant Upgrades – Jackson Springs Membrane Prepurchase, Project No. W07-1689 Membranes / CIP No. 50696.  Estimated cost of project:  $3,300,000.00. 

 

18.              No. PW031009-03 – Authorize Mayor and Finance Officer to Sign Joint Funding Agreement between U.S. Dept of the Interior, U.S. Geological Survey and City of Rapid City for 2009 Water Resources Investigation to include the operation and maintenance of selected gaging stations, and for various hydrologic investigations including hydrogeologic data collection and analysis, numerical modeling, storm water monitoring and continuation of paleoflood investigation for Rapid Creek. 

 

19.              No. PW031009-04 – Authorize Mayor and Finance Officer to Sign Covenant Agreement between the City of Rapid City and Larry Titus Allowing an Exception to the Requirement that the Sewer Line from his Property at 1225 Kansas City Street not Cross Adjoining Property Lines. 

 

20.              No. PW031009-05 – Approve Request for Authorization to Seek Proposals for Consultant Services for 2009 (Citywide) Geotechnical, Construction Materials Testing and QA/QC Investigations Contract.  Project No. PW09-1787 / CIP No. 50637, in the amount of $25,000.00. 

 

21.              No. PW031009-06 – Approve Initial Resolution of Necessity setting time and place for hearing on April 6, 2009, at seven o’clock p.m., for South Street Sanitary Sewer Extension, Project No. SS08-1775 / CIP No. 50755.

 

22.              No. PW031009-07 – Approve Request for Authorization to Seek Proposals for Engineering Services for Haines Avenue Water Reservoir, Project No. W09-1792 / CIP No. 50754.  Estimated design and total construction costs:  $1,750,000.

 

23.              No. PW031009-08 – Approve Resolution Authorizing Submittal of a Consolidated Water Facility Construction Program (CWFCP) Grant Application.

 

24.              No. PW031009-09 – Approve Purchase of 2009 One Ton, 4X4, Ford F350 Crew Cab Pickup from McKie Ford, Rapid City, from State Contract #15539, in the amount of $27,058.  Unit to replace Unit S079, 1993 Ford w/ 94,810 miles. 

 

25.              No. 09VE001 - Deny Without Prejudice at the Applicant’s Request, a request by Rick and Rachell Beaird to consider an application for a Vacation of a portion of a utility and minor drainage easement on Lot 18 Revised of Block 2 of Robbinsdale Addition No. 9, located in Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3622 Hemlock Street.

 

26.              No. 09RD002 - Approve a request by City of Rapid City to consider an application for a Resolution for Road Name Change from South Highway 79 to Cambell Street on the South Dakota Highway 79 extending southerly along the Section line for 9,274.5 feet from the northwest corner of the SW1/4 NW1/4, Sections 8 7, 17 and 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located along the Section line for 9274.5 feet. 

 

27.              No. 09VE003 - Approve a request by FMG, Inc. for Mehlhaff Construction, Inc. to consider an application for a Vacation of Utility and Minor Drainage Easement on Lots 4 and 5 of Block 2 of I-90 Heartland Business Park located in the NE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the northeast corner of the intersection of Seger Drive and Rearden Court. 

 

28.              No. 09TP003 – Approve Amendment No. 09-004 to the 2009-2013 Transportation Improvement Program.    

 

Legal & Finance Committee Consent Items

 

29.              No. LF031109-02 - Approve the Update on Attendees to National League of Cities Green Cities Conference. 

 

30.              Direct Staff to look at the Harmony Heights Lane area and refer the item to the CIP Committee for further discussion. 

 

31.              No. LF011409-05A - Resolution Regarding Discrimination. 

 

32.              Direct the City Attorney’s Office to prepare a Resolution of Intent to Lease 80 acres on N. Elk Vale Road to Matt Kammerer. 

 

33.              Direct the City Attorney to prepare a recommendation on Council members serving on boards within the City of Rapid City.   

 

34.              Set a Special Council meeting to address downtown parking ordinances on March 30, 2009 at 6:30 p.m.   

 

35.              No. LF031109-03 – Approve Travel Request for Michaela Schanz to Attend National Forensic Academy (Spring Session) in Knoxville, TN, May 9-July 19, 2009, in the Approximate Amount of $3,392   

 

36.              No. LF031109-04 – Approve Travel Request for Keith Trojanowski to Attend Paramedic Training at Mountain Plains Health Consortium in Fort Meade, SD, November 2007 through February 2009 in the Amount of $4,000.   

 

37.              No. LF031109-05 – Authorize Mayor and Finance Officer to Sign Medical Director Agreement with Dr. Kelly Manning.   

 

38.              No. LF031109-06 – Approve Travel Request for Rich Olsen and Pete Girtz to Attend ACE-Airport Certified Employee Operations Program and Workshop in Portland, OR, May 3-9, 2009, in the Approximate Amount of $7,305.23. 

 

39.              No. 09TP004 – Approve the request to sign authorization to submit and sign application documents for the Highway Safety Task Grant for the Rapid City Pedestrian Safety Campaign in the amount of $21,200.00.               

 

40.              No. LF031109-08 - Approve the Resolution Declaring Property Surplus.   

 

41.              Acknowledge the Following Volunteers for Workmen’s Compensation Purposes:  Bryan Ebner, Lindsey Evans, Kate Simmons, Bonnie Stephens.   

 

42.              No. LF031109-24 - Approve the Resolution Approving and Authorizing the Execution of a Governmental Lease-Purchase Agreement and Supplements thereto and Related Documents and Certificates for the 2009 Ambulances.

 

43.              Acknowledge the Discussion of Plant Closings in Rapid City.

 

44.              No. LF031109-09 – Authorize Mayor and Finance Officer to Sign Agreement with Network Consulting Services.   

 

45.              No. LF031109-10 – Approve Travel Request for Angela Tallon to Attend ESRI Users Conference in San Diego, CA, July 12-18, 2009, in the Approximate Amount of $1,785.   

 

46.              No. LF031109-11 - Authorize Mayor and Finance Officer to Sign a Local Governing Body Approval Letter for Teton Coalition Inc., for the Construction of 6 Homes for Low-Income Families.   

 

47.              No. LF031109-12 - Authorize Mayor and Finance Officer to Sign the Local Governing Body Approval Form for Cornerstone Rescue Mission Application to South Dakota Housing Development Authority for Emergency Shelter Grant Funds.   

 

48.              No. LF031109-13 - Authorize Mayor and Finance Officer to Sign the Local Governing Body Approval Form for Cornerstone Women & Children’s Home Application to South Dakota Housing Development Authority for Emergency Grant Funds.   

 

49.              No. LF031109-14 - Authorize Mayor and Finance Officer to Sign the Local Governing Body Approval Form for Working Against Violence, Inc (WAVI), Application to South Dakota Housing Development Authority for Emergency Shelter Grant Funds.   

 

50.              No. LF031109-15 – Authorize Mayor and Finance Officer to Sign Professional Service Agreement with B.F. Variety Store, Inc. dba Matt Kimball's Golf Shop. 

 

51.              No. LF022509-22 - Authorize Mayor and Finance Officer to Sign Memorandum of Understanding with AFSCME.   

 

52.              No. LF031109-17 – Approve Resolution Supporting the International Association of Firefighter’s Local 1040 Fill the Boot Fundraising Event. 

 

53.              No. LF031109-18 – Approve Raffle Request from Rushmore Chapter of Abate. 

 

54.              No. LF031109-19 – Approve Raffle Request from Timberline Little League.   

 

55.              No. LF031109-20 – Approve Raffle Request from Youth & Family Services.   

 

Growth Management Department Consent Items (None)

 

END OF CONSENT CALENDAR

 

NON-CONSENT ITEMS – Items 56 - 81

 

Public Comment opened – Items 56 - 81

Public Comment closed

 

Ordinances

 

56.              No. LF031109-16 – First Reading, Ordinance No. 5489, An Ordinance Repealing Chapter 1.08 of the Rapid City Municipal Code Relating to Wards and Precincts and Adopting a New Revised Chapter 1.08 of the Rapid City Municipal Code. 

 

57.              No. 09RZ013 – First Reading, Ordinance No. 5494, 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 of Lot 1 of Lot D of the SW1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of South Valley Drive and south of S.D. Highway 44.

 

58.              No. 09RZ014 – First Reading, Ordinance No. 5495, 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 of Tract 1 of the SW1/4 SW1/4, Tract B of the SE1/4 SW1/4 including the 20 foot wide private lane, and Tract E and Private Drive of KOA Subdivision in the SE1/4 SW1/4, all located in Section 4, T1N, R8E, Pennington County, South Dakota, and Tract A of SE1/4 SW1/4 of Section 4 and the NE1/4 NW1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3010 East Highway 44 and 2001 Lancer Drive.’

 

59.              No. 09RZ015 – First Reading, Ordinance No. 5496, 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 of Lot A of the NW1/4 SW1/4 and the 33 foot wide Valley Drive right-of-way lying west of Lot A of the NW1/4 SW1/4 all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1550 Valley Drive.

 

60.              No. 09RZ016 – First Reading, Ordinance No. 5497, 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 of the 100 foot wide railroad right-of-way lying north of Lot D of the SW1/4 SW1/4 of Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of South Valley Drive and south of S.D. Highway 44.

 

61.              No. LF022509-20 – Second 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. 

 

62.              No. LF022509-21 – Second Reading, Ordinance No. 5488, and 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. 

 

Growth Management Department Items

 

63.              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.

 

64.              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.

 

65.              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.

 

66.              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.

 

67.              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.

 

68.              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.

 

69.              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.

 

70.              No. 09PL003 - A request by Dream Design International, Inc. for a Preliminary Plat on Lot 1 of Block 2 of Hilltop Business Park Subdivision, formerly a portion of the SE1/4 of the NE1/4, located in the SE1/4 of the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 of the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Homestead Street and Elk Vale Road.

 

71.              No. 09PL004 - A request by D.C. Scott Co. Land Surveyors for Herbert Jones for a Preliminary Plat on Lots 11AR of Block 7 of Eastern Acres Subdivision, located in the SW1/4 NW1/4 of 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 of Eastern Acres Subdivision, located in the SW1/4 NW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located at 5581 Corbin Drive.

 

72.              No. 09PL005 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 5 of Block 2 of Rushmore Crossing, Sections 29 and 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tracts A and B of Block 2 of Rushmore Crossing, located in the W1/2 of the SW1/4 of Section 29 and the E1/2 of the SE1/4 of Section 30, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Eglin Street east of Luna Avenue and west of East North Street.

 

Legal & Finance Committee Items

 

73.              No. LF031109-07 - Request the Planning Commission to review possible ordinance amendments requiring landowner signatures on applications.     

 

74.              No. LF031109-23 - Request Council leadership to set a date for a 2012 soccer meeting. 

 

75.              Update on Virginia Graeme Baker Pool and Spa Safety Act "Swimming Pool Drains". 

 

76.              No. LF031109-21 – Approve Property Tax Abatement for Doyle Estes and Kathryn Johnson for 2008 in the Amount of $171.52. 

 

Public Works Committee Items

 

77.              No. PW031009-10 – Proposed Options for Secondary Access Requirements for Commercial Uses.    

 

78.              No. 09EX023 – Approve Waiving the Requirement to Install Sidewalks along Elk Vale Road (adjacent to the former site of All Decked Out), with requirement that prior to Council approval, waiver of right to protest assessment has been submitted. 

 

Bids

 

79.              No. CC031609-02.1 - Six (6) 2009 Chevy Impala (Opened on March 10, 2009)

 

80.              No. CC031609-02.2 – 2009 Roadway Painting Project PM09-1780 / CIP No. 50594 (Opened on March 10, 2009)

 

81.              No. CC031609-02.3 – Miscellaneous Improvements Project 2009, Sidewalk, ADA Access, Curb & Gutter and Other Improvements to Street Sections in Rapid City, Project No. MIP09-1774 (Opened on March 10, 2009)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

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 82 - 97

 

Open Public Hearing (comment) Items 82 - 97

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 82 - 86

 

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

 

Continue the following items until April 6, 2009:

 

82.              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.

 

83.              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.

 

84.              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.

 

85.              No. 09SV002 - 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 Lot 1 of Block 2 of Hilltop Business Park Subdivision, formerly a portion of the SE1/4 of the NE1/4, located in the SE1/4 of the NE1/4, Section 4, t1n, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 of the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Homestead Street and Elk Vale Road.

 

86.              No. 09SV004 - A request by D.C. Scott Co. Land Surveyors for Herbert Jones for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit and additional pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 11AR of Block 7 of Eastern Acres Subdivision, located in the SW1/4 NW1/4 of 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 of Eastern Acres Subdivision, located in the SW1/4 NW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located at 5581 Corbin Drive.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment)Items 82 - 97

 

CONSENT PUBLIC HEARING ITEMS – Items 87 - 91

 

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

 

Growth Management Items

 

87.              No. 09CA003 – Approve a request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Commercial to Public of 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.

 

88.              No. 09FV001 - Approve an Exception Request by Randy Lyons for Rapid City Parks & Recreation for a A Fence Height Exception to allow a twelve foot high fence in lieu of a maximum six foot high fence in the Low Density Residential District on City Springs Park in the unplatted portion of the S1/2 of the NE1/4 and the NE1/4 of the SE1/4 of Section 32, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 514 City Springs Road. 

 

Alcohol Licenses

 

89.              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

 

90.              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

 

91.              Ugly, Inc. DBA Budd Ugly’s, 321 7th Street, for a Retail (on-sale) Liquor License TRANSFER from Phatty McGees, DBA Phatty McGees, 321 7th Street

 

Assessment Rolls (None)

 

Other Items Requiring Public Hearings (None)

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 92 - 97

 

92.              No. 09RZ009 – Second Reading, Ordinance 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 of 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.

 

93.              No. 09RZ010 – Second Reading, Ordinance 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 of 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.

 

94.              No. 09RZ011 – Second Reading, Ordinance 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 of 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.

 

95.              No. 09RZ012 – Second Reading, Ordinance 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 of 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.

 

96.              No. 09SV003 - 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, pavement, sidewalk, street light conduit, water and sewer and to reduce the right-of-way width from 59 feet to 40 feet on the existing access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Keller Subdivision, Section 17, T2N, R7E, BHM, Pennington County, South Dakota, legally described as Lots A and B of Keller Subdivision, Section 17, T2N, R7E, BHM, Pennington County, South Dakota, located at the Black Hills Dog Track northwest of the intersection of Universal Drive and Sturgis Road.

 

97.              No. 09SV005 - 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 and sewer and to reduce the width of the access easement from 59 feet to 26 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 5 of Block 2 of Rushmore Crossing, Sections 29 and 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tracts A and B of Block 2 of Rushmore Crossing, located in the W1/2 of the SW1/4 of Section 29 and the E1/2 of the SE1/4 of Section 30, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Eglin Street east of Luna Avenue and west of East North Street.

 

BILLS

 

98.              No. CC031609-01 – Bill List for March 2, 2009

 

EXECUTIVE SESSION permitted by SDCL 1-25-2

 

STAFF DIRECTION

 

ADJOURN