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AGENDA FOR THE CITY COUNCIL
ROLL CALL AND DETERMINATION
OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
APPROVE MINUTES for March 2, 2009 (continued from March 16, 2009 City Council
Meeting) with attached Transcript of the Presentation of Executive Proclamation
to Jack van der Geest (No. CC040609-04) and
approve minutes for March 16, 2009.
AWARDS AND RECOGNITIONS
GENERAL PUBLIC COMMENT
A time for the members of the public
to discuss or express concerns to the Council on any issue not on the agenda.
Action will not be taken at the meeting on any issue not on the agenda,
except by placement on the agenda by unanimous vote of the Council members present.
NON-PUBLIC HEARING
ITEMS – Items
1 - 91
Public Comment opened – Items 1 - 52
Public Comment closed
CONSENT ITEMS – Items 1 - 52
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
(
1.
2.
Rapid
City Arts Council, Inc. DBA Dahl Arts Center, 713 7th Street for a
Retail (on-off sale) Malt Beverage License, No Video Lottery
3.
4.
Rapid
City Downtown Association DBA Summer Nights for events scheduled 6/11/2009, 6/18/2009,
6/25/2009, 7/2/2009, 7/9/2009, 7/16/2009, 7/23/2009, 7/30/2009, 8/6/2009, 8/13/2009,
8/20/2009, 8/27/2009 and 9/3/2009 on 6th and 7th Streets
between Main and St. Joseph Streets
5.
Sodak
Mex I, Inc DBA On The Border,
Public Works Committee Consent Items
6.
Approve
changing the language to “Honored Citizens” for RTS Riders who are 60 years of
age and older, Medicare members, and people with disabilities.
7.
No. PW033109-01 – Approve Change Order No.1
for
8.
No.
PW033109-02 – Approve Change Order No. 1 for
9.
No.
PW033109-03 – Authorize Staff to Advertise for Bids for Rapid Transit
System Bus Shelters – 15 transit shelters. Estimated
cost of project: $135,000.00.
10.
Authorize
Staff to Advertise for Bids for PW033109-04,
PW033109-05, and PW033109-06. No. PW033109-04 – Odor Control Chemical for
Lift Stations. Estimated cost: $209,675.00.
No. PW033109-05 – Transportation Natural Gas for City of Rapid City/Rapid
City Area Schools –
11.
No.
PW033109-08 – Authorize Mayor and Finance Officer to Sign Joint Powers
Agreement between the State of
12.
No.
PW033109-09 – Approve Request for Authorization to Seek Proposals for
Engineering Services for
13.
Approve
Request for Authorization to Submit 5307 Grant Application for 2009 5307 operating
assistance and to Approve Request for Authorization to Submit ARRA (stimulus funds)
5307 Grant Application for capital assistance.
14.
Approve
Request for Authorization to purchase six paratransit vehicles for Dial-A-Ride
service with ARRA 5307 stimulus funds; to Approve Request for Authorization to
purchase one transit vehicle for RapidRide with ARRA 5307 stimulus funds; and
to Approve Request for Authorization to purchase bus benches.
15.
PW033109-11
– Approve a request to accept water lines as a public utility on property
located in the NW1/4 of Section 30, T2N, R8E, BHM,
16.
PW033109-12
– Approve a request to extend the expiration date of Preliminary Plat No. 07 PL037
for Tract A of Wright Subdivision, located in the N1/2 SW1/4 SE1/4 NE1/4; SW1/4
SW1/4 SE1/4 NE1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County,
South Dakota.
17.
No.
08RD009 – Approve a request by City of Rapid City to consider an application
for a Resolution renaming the unnamed right-of-way and Merillat Lane to Culvert
Drive on the 50 foot wide unnamed right-of-way 680.36 feet in length lying south
of Biernbaum Lane right-of-way and south of Lot A of Biernbaum Subdivision, located
in the NW1/4 SW1/4, Section 17, T1N, R8E, BHM, Rapid City, Pennington County,
South Dakota, more generally described as being located at the southern terminus
of Biernbaum Lane and east of South Dakota Highway 79.
Legal & Finance Committee Consent Items
18.
No.
LF040109-01 – Confirm appointment of Gwendolyn Chambers, Christopher Eakins,
Phyllis Okrepkie,
19.
Confirm
appointment of the following to the Human Relations Commission: Jeremiah (Jay)
20.
No.
LF040109-36 - Confirm appointment of Dick McConnell to the Airport Board.
21.
No.
LF040109-35 - Set a Special Council meeting for
22.
No.
LF040109-04 – Acknowledge report and accept staff’s recommendation on Ordinance
5481 regarding water bill rebates.
23.
No. LF040109-34
- Acknowledge report regarding the City’s use of the term “honored citizen”
when describing people 60 or older, medicare members, and people with disabilities.
24.
Acknowledge report regarding designation
of April as Sexual Assault Awareness Month and to recommend Council’s support
of the proclamation.
25.
Acknowledge report on Senate Bill 121 relating
to runoff elections and to direct the City Attorney’s office to prepare an ordinance
for the
26.
No.
LF040109-05 – Approve Event Permit for
27.
No.
LF040109-06 – Approve Event Permit for 2009 Cruiser Night on
28.
No.
LF040109-08 – Approve Event Permit for Alex Johnson for free motorcycle
parking in front of the hotel on the nights of June 14 and 15, 2009.
29.
No.
LF040109-09 – Approve Event Permit for Fat Tire Festival to hold bicycle
race and festival May 24, 2009, on 6th Street, 7th Street,
Main Street, St. Joseph Street, and Kansas City Street commencing at 12:00 p.m.
30.
No.
LF040109-32 – Approve Event Permit for Alex Johnson for free motorcycle
parking in front of the hotel on the nights of June 8, June 22, July 13, and
31.
No.
LF040109-10 – Authorize staff to apply for Community Oriented Policing
Services grant and to acknowledge that the Police Department will be asking for
and applying for the JAG grant.
32.
No.
09TP005 – Authorize Mayor and Finance Officer to sign the 2009 Unified
Planning Work Program Amendment 2009-01.
33.
No.
09TP006 – Authorize Mayor and Finance Officer to sign the Amendment Number
1 to Agreement Number 810918 between the City of Rapid City and the South Dakota
Department of Transportation for Accomplishing the Rapid City Area Transportation
Planning Process.
34.
No.
LF040109-30 – Authorize the Growth Management Director to sign the 2009-2010
Certified Local Government Grant Application in the amount of $10,500.
35.
No.
LF040109-31 – Direct the City Attorney’s office to take appropriate legal
action to bring Hillsview Mobile Home Park into compliance.
36.
Acknowledge
the following volunteers for workmen’s compensation purposes: James McCoy, Danny
Scolaro,
37.
No.
LF040109-11 – Approve Resolution No. 2009-041 Increasing Change Fund.
38.
No.
LF040109-12 – Approve Resolution No. 2009-043 Declaring Property Surplus.
39.
No.
LF040109-15 – Authorize payment to New World Systems for Public Safety
Software Modules in the amount of $12,000.
40.
No.
LF040109-16 – Authorize Mayor and Finance Officer to sign a support letter
for a State Department of Corrections Application for the State and Local Reentry
Demonstration Projects Grant Offered Under the Second Chance Act.
41.
No.
LF040109-17 – Authorize Mayor and Finance Officer to Sign an amended (see
highlighted section) Local Governing Body Approval Letter requested by South Dakota
Housing for Eagle Ridge Properties LLC for the construction of 60 homes for low-income
families.
42.
No.
LF040109-33 – Authorize Mayor and Finance Officer to sign Agreement
with Network Consulting Services, Inc. for Information Technology Hardware/Software
Upgrade.
43.
No.
LF040109-18 – Authorize Mayor and Finance Officer to sign Agreement with
the State of
44.
No.
LF040109-19 – Authorize Mayor and Finance Officer to sign Park Concession
Agreement with Derby Advertising, Inc. dba Canyon Lake Resort for rental of paddleboats
at Canyon Lake Park.
45.
No. LF040109-20 – Approve adoption
of Waterfowl Management Plan.
46.
Approve
request for necessary waterfowl reduction permits from US Fish & Wildlife
Service.
47.
No.
LF040109-25 – Approve request from Kenneth Krzyzanowski, d/b/a Mr. Rags
Ice Cream, for a 2009 ice cream vending license.
48.
No.
LF040109-26 – Approve request from Keith G. Storm, d/b/a Pied Piper Ice
Cream, for a 2009 ice cream vending license.
49.
No.
LF040109-27 – Acknowledge raffle request from Harney League Sports.
50.
No.
LF040109-28 – Acknowledge raffle request from American Red Cross.
Growth Management Department Consent Items
51.
No.
09PL001 - Acknowledge the withdrawal
of a request by Gene Quinn for a Layout Plat
on Tract A Revised Lots 1 thru 5 of Block 1
of Blake Estates Subdivision, 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.
52.
No.
09RD002 – Approve a request by City of Rapid City 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, located
along the Section line for 9274.5 feet. (Continued from
END OF CONSENT CALENDAR
NON-CONSENT ITEMS – Items 53 - 91
Public Comment opened – Items 53 - 91
Public Comment closed
Ordinances
53.
No.
09OA001 – First Reading, Ordinance
No. 5502, An Ordinance Amending the Procedures for Authorization of Conditional
Use Permits by Amending Section 17.54.030.A.1 of the
Rapid City Municipal Code.
54.
No.
LF040109-14 – First
55.
No. LF040109-22 – First Reading,
Ordinance No. 5498, An Ordinance to Revise the Terms and Conditions for City Participation
in the Cost of Bringing Private Nonconforming Water and Sewer Service Lines up
to Current Standards by Amending Sections 13.06.010 and 13.06.020 of the Rapid
City Municipal Code.
56.
No. LF040109-23 – First Reading,
Ordinance No. 5500, An Ordinance to Modify the Structure of the Department
of Parks and Recreation by Revising Chapter 2.89 of the Rapid City Municipal Code
and Repealing Chapters 2.86 and 2.90.
57.
No.
LF031109-16 – Second 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.
58.
No.
09RZ017 – First Reading, Ordinance 5503,
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 west 100
feet of the Lot 14 of Hillsview Subdivision and the 75 foot wide S.D. Highway
44 right-of-way lying adjacent and south of the west 100 feet of Lot 14 of Hillsview
Subdivision, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County,
South Dakota, located west of Valley Drive
and north of S.D. Highway 44.
59.
No.
09RZ018 – First Reading, Ordinance 5504,
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 7 of E1/2
SE1/4, and the 75 foot wide East Highway 44 Right-of-way located south of Lot
7 of the E1/2 SE1/4, and the 33 foot wide Valley Drive Right-of-way located east
of Lot 14 less the west 100 feet of Hillsview Subdivision, all located in Section
5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located
at 1585 Valley Drive.
60.
No.
09RZ019 – First Reading, Ordinance 5505,
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 Light
Industrial District of Lot 5 of the
E1/2 SE1/4, and the 75 foot wide East Highway 44 Right-of-way located north of
Lot 5 of the E1/2 SE1/4, all located in Section 5, T1N, R8E, BHM, Rapid City,
Pennington County, South Dakota, located at 2613 East Highway 44.
Growth Management Department Items
61.
No.
09EX023 – Approve Waiving the Requirement to Install Sidewalks along
62.
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. (Continued from
63.
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. (Continued from
64.
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. (Continued
from
65.
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. (Continued from
66.
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. (Continued from
67.
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. (Continued from
68.
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.
(Continued from
69.
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. (Continued from
70.
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. (Continued
from
71.
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.
(Continued from
72.
No.
09PL006 - A request by Fisk Land Surveying & Consulting Engineers for Cory
Martin of C.S. Martin, Inc. for a Preliminary Plat on Lots 49A and 49 B of
Village on the Green No. 2 Subdivision located in the NE1/4 of Section
13, T1S, R7E, BHM, Pennington County, South Dakota, legally described as
Lot 49 of Village on the Green No. 2 Subdivision
located in the NE1/4 of Section 13, T1S, R7E, BHM, Pennington County, South Dakota,
located at 23762 and 23764 Mulligan Mile.
73.
No.
09PL007 - A request by Dream Design International, Inc. for a Preliminary
Plat on Lot 1R of Block 16 and vacation
of Lot 1 of Red Rock Estates located in the NW1/4 of the NW1/4 of Section 29,
T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described
as Lot 1 of Block 16 of Red Rock Estates located
in the NW1/4 of the NW1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington
County, South Dakota, located north of Bethpage Drive and Prestwick Road.
74.
No.
09PL008 - A request by Matt Benne for Angie Charlson for a Preliminary
Plat on Lots A, B, C and D of Lot 4R
of Block 15 of Canyon Lake Heights Subdivision, located in the SE1/4 SE1/4, Section
8 and the SW1/4 SW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County,
South Dakota, legally described as Lot 4R in Block 15 of Canyon Lake Heights Subdivision, as shown in the plat
filed in Plat Book 28, Page 87 and as corrected by Affidavit recorded December
17, 1997 in Book 69, Page 9640, located in the SE1/4 SE1/4, Section 8 and the
SW1/4 SW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota,
located at 4560 Cliff Drive.
75.
No.
09PL009 - A request by Ferber Engineering Co., Inc. for FMLC, Inc. for
a Preliminary
Plat on Lot 1 of Block 5 of East Mall
Business Center Subdivision and dedicated Public Right-of-way for Tish Boulevard,
Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota,
legally described as a portion of the SE1/4 north
of Interstate 90 less Tract A of the NE¼ SE¼ and less lots H5, H6, H7, H8 and
H9 but including that part of vacated East Mall Drive being part of the outside
edge of Lot H5; and part of the SW¼ north of Interstate 90 including vacated East
Mall Drive within said SW¼ and less Lot 1 of NE¼ SW¼ and less Lots 1 and 2 of
NW¼ SW¼ and less Lot H5 and less lot H8; and part of Lot 1 of the NE¼ SW ¼ including
vacated East Mall Drive within said Lot 1 and less Lot H7; and part of NW¼ including
vacated East Mall Drive within said NW¼ less Lots AR, B, C and less E½ NE¼ NW¼
and less E½ NW¼ NE¼ NW¼ and less Lots H2 and H4; and part of Lot C of SE1/4 NW¼
less Lot H3 and less Lot H1; and part of Lot 1 of Silver Strike Subdivision; and
all located in Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South
Dakota, located north of East Mall Drive between Tish Boulevard and Dyess
Avenue.
Legal & Finance Committee Items
76.
No.
LF031109-21 – Approve Property Tax Abatement for Doyle Estes and Kathryn
Johnson for 2008 in the Amount of $171.52. (Continued from
77.
No.
LF102908-20 - Status of the Rushmont Project and Staff Recommendation
for TIF No. 62 (Continued from
78.
No.
LF040109-29 – Approve request for revisions to Contract for Private Development
with MAP Rushmore, LLC to allow certification of costs in two phases as per the
project plan.
79.
No. LF040109-03 – Resolution
No. 2009-044 Regarding Anti-Discrimination
80.
No.
LF040109-07 – Approve Event Permit for Kirk Funeral Home for free parking
from 9:30 a.m. to 12:00 p.m. one Friday in July, December 4th, and
December 11th for free senior movie at the Elks
81.
No.
LF040109-13 – Acknowledge 2007 Annual Audit
82.
No. LF040109-21 – Resolution
(No. 2009-045) of Intent to Lease 80 Acres on North Elk Vale Road to Matt Kammerer
for the Purposes of a Haying Operation Only Pursuant to SDCL 9-12-5.2
Public Works Committee Items
83.
No.
PW033109-07 – Authorize Mayor and Finance officer to Sign Covenant Agreement
between the City of Rapid City and Calvin & Cynthia Sievers authorizing the
landowner to obtain a permit to repair or replace the current on-site waste water
system.
84.
No. PW033109-10 – Approve Appeal
of the denial for a non conforming sewer service line located on Lot 4R Block
15 Canyon Lake Heights Subdivision and allow the non-conforming sewer line to
continue to exist; provided that the applicant provides the easement for the existing
sewer main and provides a covenant on the property that benefits that sets out
that this is a non-conforming situation created by the property owner and if the
sewer line needs to be corrected that the property owner agrees to do so or consent
to an assessed project.
Bids
85.
No.
CC040609-02.1 – Elm Avenue Sanitary Sewer, Hillshire Court to
86.
No.
CC040609-02.2 – Elk Vale Road Sanitary Sewer Extension-Phase 2, Project
No. SS08-1729 / CIP No. 50726 opened on
87.
No.
CC040609-02.3 – Brooke Street and
88.
No.
CC040609-02.3 – East North Street Overlay, Project No. ST08-1784 / CIP
No. 50445 opened on
Mayor’s Items
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
89.
No.
CC040609-03 - Vision 2012 Update
Appeals
DARB
License application appeals
Sign Code Appeals
90.
No.
CC121508-04 - Donald W. Rice, Aggressive Auto (Continued from
Other Appeals Heard by the Council
91.
Mario
Douglas, Ice Cream Vending License
CIP Committee Items
PUBLIC HEARING ITEMS
– Items 92 - 117
Open Public Hearing (comment) – Items 92 - 117
CONTINUED PUBLIC HEARING
CONSENT ITEMS – Items 92 - 96
Remove Items from the “Continued Public
Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent
Items
Continue the following items until April 20, 2009:
92.
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.
93.
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.
94.
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.
95.
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.
96.
No.
09SV007 - A request by Matt Benne for Angie Charlson for a Variance to
the Subdivision Regulations to waive the requirement to install curb, gutter,
sidewalk, street light conduit, water and sewer along Cliff Drive and to reduce
the pavement width from 27 feet to 20 feet and 18 feet along Cliff Drive; to waive
the requirement to install curb, gutter, sidewalk, street light conduit, water
and sewer along the 30 foot wide private roadway easement, to reduce the pavement
width from 20 feet to 12 feet along the 30 foot wide private roadway easement
and to reduce the width of the private roadway easement from 45 feet to 30 feet
as per Chapter 16.16 of the Rapid City Municipal Code on Lots A, B, C and D of Lot 4R of Block 15 of Canyon Lake
Heights Subdivision, located in the SE1/4 SE1/4, Section 8 and the SW1/4 SW1/4,
Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota,
legally described as Lot 4R in Block 15 of Canyon
Lake Heights Subdivision, as shown in the plat filed in Plat Book 28, Page 87
and as corrected by Affidavit recorded December 17, 1997 in Book 69, Page 9640,
located in the SE1/4 SE1/4, Section 8 and the SW1/4 SW1/4, Section 9, T1N, R7E,
BHM, Rapid City, Pennington County, South Dakota, located at 4560
Cliff Drive.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) – Items 92 - 117
CONSENT PUBLIC HEARING
ITEMS – Items
97 - 108
Remove Items from the “Consent Public
Hearing Items” and Vote on Remaining Consent Items
Growth Management Items
97.
No.
09CA004 – 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
on 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.
Alcohol Licenses
98.
99.
100.
101.
Wildlife
Experiences, Inc. for a Special Event Wine License for an event scheduled
102.
Rapid
City Area Chamber of Commerce for a Special Event Beer and Wine License for an
event scheduled
103.
Orris
Enterprises, Inc. DBA Vino 100,
104.
Burnell
Lutz DBA One Stop Shop and Laundry, 190 N. Maple for a Package (off-sale) Malt
Beverage License
105.
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
106.
Arnolds,
Inc DBA Buck N Gator, 4095 Sturgis Road for a Retail (on-sale) Liquor License
TRANSFER from Harbry Enterprises, Inc. DBA Buck N Gator, 4095 Sturgis Road.
Assessment Rolls (None)
Other Items Requiring Public Hearings
107.
No.
PW022409-15 – Resolution of Necessity for
108.
No.
PW031009-06 – Resolution of Necessity for
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC
HEARING ITEMS
– Items 109 - 117
109.
Authorize
the Mayor and Finance Officer to sign the waiver of right to protest a future
assessment for the installation of curb, gutter,
sidewalk, street light conduit, water and sewer along Sturgis Road as they
abut 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.
(08SV057)
110.
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.
111.
No.
08VR008 - A request by D.C. Scott Co. Land Surveyors for William Taylor
for a Vacation
of Right-of-way on , legally described as 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.
112.
No.
09RZ013 - Second Reading, Ordinance
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 on 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.
113.
No.
09RZ014 - Second Reading, Ordinance
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 on 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.
114.
No.
09RZ015 - Second Reading, Ordinance
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 on 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.
115.
No.
09RZ016 - Second Reading, Ordinance
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 on 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.
116.
No.
09SV006
- A request by Fisk Land Surveying & Consulting Engineers for Cory
Martin of C.S. Martin, Inc. for a Variance to the Subdivision Regulations
to waive the requirement to install sidewalk and waive the requirement to dedicate
additional right-of-way as per Chapter 16.16 of the Rapid City Municipal Code
on Lots 49A and 49 B of Village on the Green
No. 2 Subdivision located in the NE1/4 of Section 13, T1S, R7E, BHM, Pennington
County, South Dakota, legally described as Lot 49 of Village on the Green No. 2 Subdivision located
in the NE1/4 of Section 13, T1S, R7E, BHM, Pennington County, South Dakota,
located at 23762 and 23764 Mulligan Mile.
117.
No.
09SV008 - A request by Ferber Engineering Co., Inc. for FMLC, Inc. for
a Variance
to the Subdivision Regulations to waive the requirement to install additional
pavement, curb, gutter, sidewalk, street light conduit and sewer as per Chapter
16 of the Rapid City Muncipal Code on Lot 1 of Block 5 of East Mall Business Center Subdivision and dedicated Public
Right-of-way for Tish Boulevard, Section 29, T2N, R8E, BHM, Rapid City, Pennington
County, South Dakota, legally described as a portion of the SE1/4 north of Interstate 90 less Tract
A of the NE¼ SE¼ and less lots H5, H6, H7, H8 and H9 but including that part of
vacated East Mall Drive being part of the outside edge of Lot H5; and part of
the SW¼ north of Interstate 90 including vacated East Mall Drive within said SW¼
and less Lot 1 of NE¼ SW¼ and less Lots 1 and 2 of NW¼ SW¼ and less Lot H5 and
less lot H8; and part of Lot 1 of the NE¼ SW ¼ including vacated East Mall Drive
within said Lot 1 and less Lot H7; and part of NW¼ including vacated East Mall
Drive within said NW¼ less Lots AR, B, C and less E½ NE¼ NW¼ and less E½ NW¼ NE¼
NW¼ and less Lots H2 and H4; and part of Lot C of SE1/4 NW¼ less Lot H3 and less
Lot H1; and part of Lot 1 of Silver Strike Subdivision; and all located in Section
29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located
north of East Mall Drive between Tish Boulevard
and Dyess Avenue.
BILLS
118.
No.
CC040609-01 – Bill List for
EXECUTIVE SESSION permitted by SDCL
STAFF DIRECTION
ADJOURN