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AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

7:00 P.M., August 3, 2009

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for July 20, 2009 and July 27, 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 - 74

 

Public Comment opened – Items 1 - 56

Public Comment closed

 

CONSENT ITEMS – Items 1 - 56

 

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 (None)

 

Public Works Committee Consent Items

 

1.      No. PW072809-19 – Acknowledge the report on the change of law for state professional service contracts.

 

2.      Acknowledge the report on letters that went out to Franklin Street residents with private sewers – Alderman Weifenbach. 

 

3.      No. PW072809-01 –Approve Change Order #1F to Rapid Construction Company, for Sixth Street Water Main – Franklin Street to St. Charles Street, Project No. W08-1742 / CIP No. 50738, for an increase of $1,426.11. 

 

4.      No. PW072809-02 –Approve Change Order #1F to Simon Contractors of SD., Inc., for Street Rehabilitation Project – Brooke Street and Nicole Street, Project No. ST08-1746 / CIP No. 50735, for an increase of $7,750.92. 

 

5.      No. PW072809-03 –Approve Change Order #1F to Site Work Specialists, Inc., for Robbinsdale Park Water Main Loop, Project No. W08-1748 / CIP No. 50717, for a decrease of $12,610.21.

 

6.      No. PW072809-04 –Approve Change Order No. 2F to Simon Contractors of SD, Inc., for Elk Vale Road Sanitary Trunk Sewer Extension, Project No. SS07-1658 / CIP No. 50686, for a decrease of $16,247.75. 

 

7.      No. PW072809-05 –Approve Change Order No. 1 to Mainline Contracting, Inc., for Blaine, Halley, Holcomb, E. Jackson & N. Maple Sewer Reconstruction, Project No. SS08-1711 / CIP No. 50420, for an increase of $10,209.25. 

 

8.      No. PW072809-06 –Approve Change Order No. 1F to Hills Materials Company, for Street Rehabilitation Project – Harney Drive, Harney Place and Raymond Drive, Project No. ST08-1771 / CIP No. 50549, for an increase of $10,744.35. 

 

9.      No. PW072809-07 –Approve Change Order No. 3 to Natgun Corporation, for Elk Vale Low Level Reservoir, Project No. W07-1638 / CIP No. 50321, for a decrease of $149,630.48. 

 

10. No. PW072809-08 –Authorize Staff to Advertise for Bids Liquid Road Deicer – Enhanced Liquid Magnesium.  Estimated Cost:  $32,000.00. 

 

11. No. PW072809-10 Authorize Staff to Advertise for Bids West Main Street & Creek Drive Bridge Repairs, Project No. ST09-1800 / CIP No. 50752.  Estimated cost of project:  $50,000.00. 

 

12. No. PW072809-11Authorize Staff to Advertise for Bids Founders Park Plaza, Project No. PR09-1811.  Estimated Cost of Project:  $80,000.00. 

 

13. No. PW072809-12 –Authorize Mayor and Finance Officer to Sign a Maintenance Agreement Renewal with Johnson Controls, Inc., for the Energy Plant, in the amount of $18,100.00. 

 

14. No. PW072809-13 –Authorize Mayor and Finance Officer to Sign a Maintenance Agreement Renewal with Johnson Controls, Inc., for the Milo Barber Transportation Center, in the amount of $5,345.00. 

 

15. No. PW072809-14 –Authorize Mayor and Finance Officer to Sign an Agreement Between City of Rapid City and Landowner, Michael Kettering, to Construct a Sewer Main in East Quincy Street and Correct a Non-conforming Sewer Service Line which is currently failing. 

 

16. No. PW072809-15 –Authorize Mayor and Finance Officer to Sign a Funding Agreement Between the City of Rapid City and South Dakota Department of Transportation, Urban Surface Transportation Program, for Letting and Construction of State Project P 1648(03), PCN H021, City Project No. ST07-1472 / CIP No. 50519, Anamosa Street from Haines Avenue to Midway Street; in the amount of $2,100,000.00. 

 

17. No. PW072809-16 –Authorize Mayor and Finance Officer to Sign an Agreement Between the City of Rapid City and Warax Excavating Inc., for the First Street Outfall 36” Flap Gate, Project No. DR09-1812 / CIP No. 50765, in the amount not to exceed $25,000.00. 

 

18. No. PW072809-17 –Authorize Staff to Purchase to purchase Road Deicer – Roadway Deicing Salt.  Estimated Cost:  $138,000.00.

 

19. No. 09VE007 - Country Club Heights Subdivision – Approve a request by FMG, Inc. for Steve Kalkman to consider an application for a Vacation of a portion of a drainage easement on Lot 5 of Block 8 of Country Club Heights Subdivision, located in the SW1/4, Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2926 Stockade Drive.

 

20. No. 09TP021 – Approve 2010-2014 Rapid City Area Transportation Improvement Program Draft Report.

 

21. No. 09TP022 – Acknowledge the Pedestrian/Bicyclist Crash Report 2002-2008. 

 

22. No. 09CA015 - Section 35, T2N, R7E – Approve a request by City of Rapid City to consider an application for an Amendment to the Adopted Comprehensive Plan to revise the Major Street Plan by eliminating, adding and realigning collector streets on the E1/2 of the NE1/4 NE1/4, SE1/4 of the NE1/4 and the north 330 feet of the NE1/4 SE1/4, all located in Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of I-190 and north of Omaha Street (S.D. Highway 44). 

 

Legal & Finance Committee Consent Items

 

23. No. LF072909-17 – Acknowledge report from Barry Hjort the Human Relations Commission.

 

24. No. LF070109-31 – Acknowledge SSST, LLC’s withdrawal of request to amend the Infrastructure Development Partnership Fund Agreement.

 

25. No. LF072909-01 – Approve request from Peter and Micah Schmid for a written determination that there is no feasible and prudent alternative to the proposal and that the program includes all possible planning to minimize harm to the historic property located at 1819 West Boulevard. 

 

26. No. LF072909-02 – Confirm appointment of Jerry Steinley to an open term on the Air Quality Board representing the home owner position vacated by Bill Waugh to expire August 2011.

 

27. Request Municipal League to explore permissive legislation to ask cities to keep records of closed sessions if they chose to do so and to define those records as privileged and not subject to disclosure. 

 

28. No. LF072909-07 – Acknowledge Capital Improvements Program Committee monthly update for July 2009. 

 

29. No. LF072909-08 – Approve Capital Plan for Streets, Drainage and MIP Projects for July 2009.

 

30. No. LF072909-09 – Approve Revised Government Buildings Five Year Plan. 

 

31. Approve allocating $59,000 of previously approved Audio Visual funds from CIP to the connection to the DOT fiber project and the balance to the Virtualization Phase 3 project to be done in conjunction with the budget commitment. 

 

32. No. LF072909-18 - Approve new Special Event Application

 

33. Authorize staff to apply for the 2009 Assistance to Firefighters Fire Station Construction Grant

 

34. No. LF072909-03 – Authorize staff to apply for Small Community Air Service Development Program Application – Docket DOT-OST-2009-0149. 

 

35. No. LF072909-05 – Acknowledge the following volunteers for workmen’s compensation purposes:  (See attached list) 

 

36. No. LF072909-06 – Approve Resolution Fixing Time and Place for Hearing on September 7, 2009 for Assessment Roll for Property Cleanup. 

 

37. No. LF071509-15 – Acknowledge annual report on tax increment financing districts. 

 

38. No. LF072909-10 – Approve Resolution Declaring Property Surplus. 

 

39. No. LF072909-11 – Approve the FY 2008 Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program (CDBG) and Authorize Mayor and Finance Officer to sign the SF424 and Certifications for Submittal to HUD.

 

40. No. LF072909-12 – Approve Subsidy Committee recommendation for FY 2009 Annual Action Plan adjustments to allocations to comply with reduced funding for CDBG entitlement and Council approval for the amendment. 

 

41. Authorize staff to amend Section 3.04.090(b) of the Rapid City Municipal Code from $15,000 to $25,000. 

 

42. No. LF072909-13 – Authorize Mayor and Finance Officer to Sign a Contract with Remodel-King Construction, Inc. for Executive Golf Course Clubhouse remodeling in the amount of $38,017.26. 

 

43. No. LF072909-14 – Authorize Mayor and Finance Officer to sign Right-of-Way Agreement with Dwyer Royalties LLC, Jeffery Ahlers, Scott Ahlers and Michael Ahlers, for Acquisition For Right-of-Way and Easements Along Anamosa Street. 

 

44. No. LF072909-04 – Authorize staff to prepare H-Lot of Lot H1 located across a portion of Tract A and the East Half (E1/2) of vacated Cherry Avenue of the Northeast Quarter (NE1/4) of Section Thirty-One (31), Township Two North (T2N), Range Eight East (R8E) of the Black Hills Meridian, Rapid City, Pennington County, South Dakota, to be designated Lot H1, containing 38,799 square feet more or less, consisting of 0.01 acres, more or less and authorize acceptance of Deed (East Anamosa Street). 

 

45. No. LF072909-15 – Acknowledge raffle request from Festival of Trees. 

 

46. No. LF072909-16 – Acknowledge raffle request from Zonta Club of the Black Hills. 

 

Growth Management Department Consent Items

 

47. No. 09PL014 – Deny a request by Dream Design International, Inc. for a Preliminary Plat on Lots 1, 2 and 3 of Tract 3 of Discovery Subdivision of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 3 of Discovery Subdivision located in the NE1/4 of the SE1/4 and in the SE1/4 of the NE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1851 Discovery Circle.

 

END OF CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 48 - 56

 

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

 

Continue the following items until August 17, 2009:

48. 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.

 

49. 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.

 

50. No. 09PL018 - A request by Centerline, Inc. for Hidden Valley, Inc. for a Preliminary Plat on Tracts 1 thru 3, Lots 1A thru 12B and Lot Z of Block 1, Lots 1A thru 11B of Block 2 of Skylines Village Subdivision, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the south 495 feet of the NE1/4 SE1/4 less Lot 1, the SE1/4 SE1/4 all in Section 22, T1N, R7E, BHM, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2000 Golden Eagle Drive.

 

51. No. 09PL023 - A request by Davis Engineering, Inc. for a Layout and Preliminary Plat on Lots 3R, 4, 5, 6 and 7 of Block 7, Lots 3, 4, 5 and 6 of Block 8 of Murphy Ranch Estates Subdivision, Section 14, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of Tract F of the NE1/4 of the NW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of the intersection of Springfield Road and Knuckleduster.

 

52. No. 09PL024 - A request by D.C. Scott Co. Land Surveyors for William M. Jobgen for a Preliminary Plat on Lots 1 and 2 of Lot 7 of Pleasant View Subdivision, located in the SE1/4 SE1/4 and in Lot B of the SW1/4 SW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 7 of Pleasant View Subdivision, located in the SE1/4 SE1/4 and in Lot B of the SW1/4 SW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located between Carlin Street and Crane Drive.

 

Continue the following items until September 8, 2009:

53. 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.

 

54. No. 09PL034 - A request by Fisk Land Surveying & Consulting Engineers for Walter J. Bradsky for a Layout Plat on Lots 5A and 5B of Aspen Estates Subdivision, located in the SW1/4 of Section 12, T1N, R6E, BHM, Pennington County, South Dakota, legally described as Lot 5 of Aspen Estates Subdivision, located in the SW1/4 of Section 12, T1N, R6E, BHM, Pennington County, South Dakota, located at 7800 Elkhart Road.

 

Continue the following items until October 5, 2009:

55. No. 08PL124 - A request by CETEC Engineering Services, Inc. for OS Development, Inc. for a Preliminary Plat on Lot 1 of Block 1,  Lot 1 of Block 2, Lots 1 thru 40 of Block 3, Lots 1 thru 7 of Block 4, Lots 1 thru 10 of Block 5, Lots 1 thru 6 of Block 6, Lots 1 thru 12 of Block 7,  Lots 1 thru 8 of Block 8, Lots 1 thru 10 of Block 9, Tracts A and B and the dedicated public Right-of-way, located in the SW1/4 NE1/4, SE1/4 NE1/4, SE1/4, Section 22 and the NE1/4 NE1/4, SE1/4 NE1/4, SW1/4 NE1/4, Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as A tract of land located in the SW¼ NE¼, SE¼ NE¼, SE¼ of Section 22 and the NE¼ NE¼, of Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. Being more particularly described as follows: Commencing at the East ¼ Corner of said Section 22, said point being monumented with a nail in the surface of the asphalt of Reservoir Rd and having two reference monuments consisting of a brass cap and iron pipe, one bears N40º53’23”W 46.84 feet, the second bears S42º28’55”W 47.86 feet; Thence S11º01’40”W 211.80 feet the True Point of Beginning, said point is on the westerly Right-of-Way line of said Reservoir Rd; Thence N88º20’56”W 42.22 feet to the beginning of a curve concave to the northeast having a radius of  454.00 feet; Thence along said curve a distance of 240.79 feet to the beginning point of a reverse curve having a radius of 666.00 feet; Thence along said curve a distance of 763.21 feet to a point; Thence N42º15’21”W 103.29 feet to the beginning of a curve concave to the northeast having a radius of 740.00 feet; Thence along said curve a distance of 109.90 feet to a point; Thence N04º01’19”W 212.28 feet to a point; Thence S55º45’42”W 75.36 feet to a point; Thence N86º53’21”W 134.46 feet to a point; Thence S10º21’24”E 98.19 feet to a point; Thence S35º06’10”W 63.00 feet to a point; Thence S46º21’05”E 109.89 feet to a the beginning of a non-tangent curve concave to the southwest having a radius of 936.00 feet and a chord bearing of S45º14’35”E; Thence along said curve a distance of 97.60 feet to a point; Thence S42º15’21”E 82.00 feet to a point; Thence S47º44’39”W 267.00 feet to a point; Thence S42º15’21”E 318.00 feet to the beginning of a curve concave to the southwest having a radius of 669.00 feet; Thence along said curve a distance of 415.25 feet to a point; Thence S04º27’54”E 52.00 feet to the beginning of a non-tangent curve concave to the west having a radius of 669.00 feet and a chord bearing of S00º04’26”E ; Thence along said curve a distance of 50.53 feet to a point; Thence S02º05’22”W 618.45 feet to a point; Thence N87º54’38”W 157.00 feet to a point; Thence S02º05’22”W 82.00 feet to a point; Thence S47º05’22”W 14.14 feet to a point; Thence N87º54’38”W 95.00 feet to a point; Thence S02º05’22”W 89.55 feet to the beginning of a curve concave to the northwest having a radius of 407.00 feet; Thence along said curve a distance of 283.67 feet to a point; Thence S42º01’34”W 129.91 feet to a point; Thence S47º44’39”W 76.00 feet to a point; Thence S42º15’21”E 25.35 feet to the beginning of a curve concave to the northeast having a radius of 1238.00 feet; Thence along said curve a distance of 692.63’ to a point; Thence S32º05’22”W 61.42 feet to the beginning of a curve concave to the northwest having a radius of 2060.00 feet; Thence along said curve a distance of 464.18 feet to a point; Thence S45º00’00”W 183.94 feet to a point; Thence S45º00’00”E 172.00 feet to a point; Thence N45º00’00”E 86.99 feet to a point; Thence S90º00’00”E 14.14 feet to a point; Thence S45º00’00”E 100.00 feet to a point; Thence N45º00’00”E 478.38 feet to a point; Thence S64º12’57”E 223.55 feet to the beginning of a non-tangent curve concave to the southwest having a radius of 254.00 feet and a chord bearing of S28º27’35”E; Thence along said curve a distance of 263.73 feet to a point; Thence S88º42’49”E 120.00 feet to the beginning of a non-tangent curve concave to the west having a radius of 374.00 feet and a chord bearing of S01º38’45”W; Thence along said curve a distance of 4.69 feet to a point; Thence S02º00’19”W 29.40 feet to a point; Thence S87º59’41”E 199.00 feet to a point along the westerly Right-of-Way line of said Reservoir Road; Thence N02º00’19”E 678.41 feet along said Right-of-Way where it intersects the South line of the Southeast quarter of said Section 22, from which the Southeast corner of said section 22 bears S88º27’49”E 33.00 feet, said point being monumented with an iron rod below the surface of the asphalt; Thence N02º03’51”E 38.00 along the Right-of-Way of said Reservoir Rd to a point; Thence N88º27’48”W 515.70 feet to the beginning of a curve concave to the northeast having a radius of 1162.00 feet; Thence along said curve a distance of 264.57 feet to a point; Thence N32º05’22”E 194.31 feet to the beginning of a curve concave to the northwest having a radius of 1066.00 feet; Thence along said curve a distance of 465.06 feet to a point; Thence S87º56’54”E 23.94 feet to the southwest corner of Tract 1 of the Bradeen Subdivision, said point being monumented with an iron rod and cap stamped “Cetec Eng LS 4725”; Thence N02º05’22”E 986.42 feet along the west line of said Tract 1 to the beginning of a non-tangent curve concave to the southwest having a radius of 1014.96 feet and a chord bearing N22º20’38”W said point is also the northwest corner of said Tract 1 and being monumented with an iron rod and cap stamped “Cetec Eng LS 4725”; Thence along said curve a distance of 695.42 feet to a point; Thence N42º03’11”W 203.20 feet to a point; Thence N41º26’28”W 12.09 feet to the beginning of a non-tangent curve concave to the south having a radius of 613.96 feet and a chord bearing of S89º59’42”E; Thence along said curve a distance of 686.58 feet to the beginning point of a reverse curve having a radius of 506.00 feet; Thence along said curve a distance of 268.36 feet to a point; Thence S88º20’56”E 41.85 feet to a point on the westerly Right-of-Way line of said Section 22; Thence N02º03’51”E 52.00 feet along said Right-of-Way line to the True Point of Beginning, Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Reservoir Road and south of the intersection of S.D. Highway 44 and Reservoir Road.

 

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

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 57 - 74

 

Public Comment opened – Items 57 - 74

Public Comment closed

 

Ordinances

57. No. LF070109-18 - Second Reading, Ordinance No. 5521, Ordinance to Create a Sidewalk Vendor Permit by Amending Subsection 12.20.020 of the Rapid City Municipal Code

58. No. LF070109-19 – Second Reading, Ordinance No. 5522, Ordinance to Create a Sidewalk Vendor License by Adding Chapter 5.56 to the Rapid City Municipal Code

59. No. 09OA005 - First Reading, Ordinance No. 5524, An Ordinance Revising Conditional Uses Within the Heavy Industrial Zoning District by Amending Section 17.24 of the Rapid City Municipal Code

60. No. 09OA006 - First Reading, Ordinance No. 5530, An Ordinance Amending Section 17.40.030 of the Rapid City Municipal Code by Adding a New Subsection, 17.40.030 L, to Allow Sales of Medical Supplies and Medical Equipment Rental as a Conditional use in the Office Commercial Zoning

61. No. 09RZ032 - First Reading, Ordinance 5531, 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 Lots H-3 and H-4 in the NW1/4 of Section 9, and the south 75 feet of East St. Patrick Street right-of-way located adjacent and north of Lots H-3 and H-4, and the south 75 feet of S.D. Highway 44 right-of-way located north of Lots H-3 and H-4 and north of South Elk Vale Road on-off ramp, all located in Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of East St. Patrick Street and S.D. Highway 44.

 

 

Growth Management Department Items

 

62. No. 09EX068 - Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sidewalk along East Highway 44 as they abut Lot 3 of Lot 4 of Lot B, Section 5, T1N, R8E, BHM, Pennington County, South Dakota, located east of the intersection of Centre Street and East Highway 44. (09EX068)

 

Legal & Finance Committee Items

 

63. No. LF051309-05A – Approve revised City of Rapid City Technology Resource Usage Policy. 

 

Public Works Committee Items

 

64. No. 09FV003 - South Boulevard Addition – A request by Steven Dunn for Black Hills Power to consider an application for a Fence Height Exception to allow an eight foot high fence with barbed wired in the Low Density Residential District on Lots 23 and 24, Lots 25 and 26 with a ten foot wide portion of the adjacent alley of the South Boulevard Addition, located in the NW1/4 of Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east side of Fifth Street between Cleveland and Oakland Street. (Continued from June 30, 2009) Staff recommendation to continue to August 17, 2009

 

Bids

 

65. No. CC080309-02.1 - 2009 Pavement Marking Project (Opened on July 28, 2009)

 

66. No. CC080309-02.2 – Ice Sanding Material (Opened July 28, 2009)

 

67. No. CC080309-02.3 – E. St. Francis St., E. St. Anne St., Aspen Ave., and E. Meade St. Water Main Reconstruction Projects – Phase 1 Project 2; Project No. W09-1810 / CIP No. 50626 (Opened July 28, 2009)

 

68. No. CC080309-02.4 – Maple Ave. and E. Idaho St. Reconstruction Project Phase 1 Project 1; Project No. ST09-1809 / CIP No. 50626 (Opened July 28, 2009)

 

69. No. CC080309-02.5 – East Philadelphia Street 16” Water Transmission Main Extension; Project No. W09-1793 / CIP No. 50760 (Opened July 28, 2009)

 

70. No. CC080309-05 – Informal Quote for First Street Outfall 36” Flap Gate; Project No. DR09-1812 / CIP No. 50765 (Opened July 24, 2009)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

71. No. CC080309-06 - Select a proposal for the St. Joseph Street parking ramp

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

72. No. CC080309-07- Vision 2012 Update

 

Appeals

DARB

 

License application appeals

 

Sign Code Appeals

 

Other Appeals Heard by the Council

 

73. No. 09EX068 – Appeal of denial for an Exception to Waive Requirement to Install Sidewalk per City Ordinance 12.16.080 on property located at 1770 Centre Street, Horst Offices. (Continued from 7/20 CC mtg)

 

74. No. 09PD021 – South Boulevard Addition – An Appeal of the Planning Commission’s decision on a request by Dream Design International, Inc. to consider an application for a Planned Commercial Development – Initial and Final Development Plan on Lots 31 and 32, Block 18 of South Boulevard Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 336 Meade St.

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 75 – 100

 

Open Public Hearing (comment) -- Items 75 –100

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 75 - 78

 

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

 

Continue the following items until August 17, 2009:

75. 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.

 

76. No. 09CA009 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Residential to Office Commercial with a Planned Commercial Development on Lots 31 and 32 of Block 18 of South Boulevard Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 336 Meade Street.

 

77. No. 09SV012 - A request by D.C. Scott Co. Land Surveyors for William M. Jobgen for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way and install curb, gutter, sidewalk, street light conduit, sewer, water and additional pavement as per Chapter 16 of the Rapid City Municipal Code on Lots 1 and 2 of Lot 7 of Pleasant View Subdivision, located in the SE1/4 SE1/4 and in Lot B of the SW1/4 SW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 7 of Pleasant View Subdivision, located in the SE1/4 SE1/4 and in Lot B of the SW1/4 SW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located between Carlin Street and Crane Drive.

 

Continue the following items until September 8, 2009:

78. No. 09SV014 - A request by Fisk Land Surveying & Consulting Engineers for Walter J. Bradsky for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, water and sewer along S.D. Highway 44, to waive the requirement to install curb, gutter, street light conduit, water, sewer, to reduce the pavement width from 24 feet to 22 feet and to waive the requriement to dedicate right-of-way along Elkhart Road, Kenosha Road, and Canterberry Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 5A and 5B of Aspen Estates Subdivision, located in the SW1/4 of Section 12, T1N, R6E, BHM, Pennington County, South Dakota, legally described as Lot 5 of Aspen Estates Subdivision, located in the SW1/4 of Section 12, T1N, R6E, BHM, Pennington County, South Dakota, located at 7800 Elkhart Road.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 75-100

 

CONSENT PUBLIC HEARING ITEMS – Item 79 - 87

 

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

 

Growth Management Items

79. No. 08SV054 – Deny 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.

 

80. No. 09SV009 – Deny 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 and Interstate 90 as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1, 2 and 3 of Tract 3 of Discovery Subdivision of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 3 of Discovery Subdivision located in the NE1/4 of the SE1/4 and in the SE1/4 of the NE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1851 Discovery Circle.

 

81. No. 08OA003 – A request by City of Rapid City for an Ordinance Amendment to amend Section 17.50.335 “Sight Triangles” of the Rapid City Municipal Code. (Continued from the June 1, 2009 council meeting)

 

Alcohol Licenses

 

82. Matthew J. Batchelder DBA Windsor Block Grocery Co., 610 7th Street for a Package (off-sale) Malt Beverage License

 

83. Heinsel Investments LLC DBA Comfort Suites, 3815 Edwards St. for a Retail (on-sale) Liquor License TRANSFER from Sharaf Properties, 4507 S. I-90 Service Road

 

84. MG Oil Company DBA Chances Casino, 1565 Haines Ave. Ste. B for a Retail (on-off sale) Malt Beverage License WITH Video Lottery TRANSFER from MG Oil Company DBA Clock Tower Lounge, 2525 W. Main Street (Continued from July 20, 2009)

 

85. LaMore Restaurant Group Inc. DBA Denny’s, 2206 N LaCrosse St. for a Retail (on-off sale) Malt Beverage License NO Video Lottery (Continued from July 20, 2009)

 

86. LaMore Restaurant Group Inc. DBA Denny’s, 2206 N LaCrosse St. for a Retail (on-off sale) Wine License (Continued from July 20, 2009)

 

87. The Lost Steer LLC DBA The Lost Steer, 5412 Hwy. 16, for a Retail (on-off sale) Malt Beverage License (Continued from July 20, 2009)

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 88 – 100

 

88. No. PW071409-08 - Public Hearing for the State Revolving Fund (SRF) Loan application for the Water Reclamation Facility Improvements Project

 

89. No. LF052709-01 – Public Hearing for the Resolution (2009-090) of Intent to Enter into Lease with Storybook Island, Inc.   

 

90. No. CC080309-04 – Approve lease agreement with Storybook Island, Inc.

 

91. No. 09RZ026 - Second Reading, Ordinance No. 5518, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within described property as requested by Dream Design International, Inc. for a Rezoning from Medium Density Residential District to Office Commercial District on Lots 31 and 32 of Block 18 of South Boulevard Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 336 Meade Street.

 

92. No. 09RZ028 – Second Reading, Ordinance No. 5526, 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 Heavy Industrial District on Lots 4 and 5 of Hillsview Subdivision and the 75 foot wide S.D. Highway 44 right-of-way lying adjacent and south of Lot 5 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.

 

93. No. 09RZ029 - Second Reading, Ordinance No. 5527, 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 that portion of Lot 15 Revised of Hillsview Subdivision described as follows: Beginning at the southwest corner of Lot 15 Revised; thence N00º03’23”W 481.98 feet, more or less; thence N90º00’00”E 129.91 feet, more or less; thence S00º00’00”E 482.22 feet, more or less; thence S38º37’42”W 80.71 feet, more or less: thence N51º22’18”W 101.19 feet, more or less to the Point of Beginning; located in the NE¼ SE¼ of Section 5, and the 75 foot wide right of way located adjacent and south of the above described property, 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.

94. No. 09RZ030 - Second Reading, Ordinance No. 5528, 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 Heavy Industrial District on that portion of Lot 15 Revised of Hillsview Subdivision described as follows: Beginning at the southeast corner of Lot 15 Revised; thence N51º22’18”W 320.51 feet, more or less; thence N38º37’42”E 80.71 feet, more or less; thence N00º00’00”W 283.40 feet, more or less; thence S89º50’46”E 200.00 feet, more or less: thence S00º00’00”E 546.00 feet, more or less to the Point of Beginning; located in the NE¼ SE¼ of Section 5, and the 75 foot wide right-of-way located adjacent and south of the above described parcel, 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.

95. No. 09RZ031 - Second Reading, Ordinance No. 5529, 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 on that portion of Lot 15 Revised of Hillsview Subdivision described as follows: Beginning at the northeast corner of Lot 15 Revised; thence S00º00’00”E 349.61 feet, more or less; thence N89º50’46”W 200.00 feet, more or less; thence N00º00’00”W 198.82 feet, more or less; thence N90º00’00”W 129.91 feet, more or less; thence N00º03’23”W 150.00 feet, more or less; thence N89º56’06”E 330.06 feet, more or less, to the Point of Beginning; located in the NE¼ SE¼ of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the south 293 feet of Lot 6 of Marshall Subdivision, located in the SE¼ NE¼ of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Valley Drive and north of S.D. Highway 44.

 

96. No. 09PD021 - South Boulevard Addition An Appeal of the Planning Commission's decision on a request by Dream Design International, Inc. to consider an application for a Planned Commercial Development - Initial and Final Development Plan on Lots 31 and 32 of Block 18 of South Boulevard Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 336 Meade Street.

 

97. No. 09CA011 - 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 Heavy Industrial with a Planned Industrial Development on Lots 4 and 5 of Hillsview Subdivision and the 75 foot wide S.D. Highway 44 right-of-way lying adjacent and south of Lot 5 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.

 

98. No. 09CA012 - A request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Low Density Residential to General Commercial on that portion of Lot 15 Revised of Hillsview Subdivision described as follows: Commencing at the southwest corner of Lot 15 Revised; thence N00º03’23”W 283.51 feet, more or less, to the Point of Beginning; thence N00º03’23”W 198.47 feet, more or less; thence N90º00’00”E 129.91 feet, more or less; thence S00º00’00”E 198.82 feet, more or less; thence N89º50’46”W 129.72 feet, more or less, to the Point of Beginning; located in the NE¼ SE¼ of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Valley Drive and north of S.D. Highway 44.

 

99. No. 09CA013 - A request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Low Density Residential to Light Industrial with a Planned Industrial Development on that portion of Lot 15 Revised of Hillsview Subdivision described as follows: Beginning at the northeast corner of Lot 15 Revised; thence S00º00’00”E 349.61 feet, more or less; thence N89º50’46”W 200.00 feet, more or less; thence N00º00’00”W 198.82 feet, more or less; thence N90º00’00”W 129.91 feet, more or less; thence N00º03’23”W 150.00 feet, more or less; thence N89º56’06”E 330.06 feet, more or less, to the Point of Beginning; located in the NE¼ SE¼ of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the south 293 feet of Lot 6 of Marshall Subdivision, located in the SE¼ NE¼ of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Valley Drive and north of S.D. Highway 44.

 

100. No. 09CA014 - 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 Heavy Industrial Industrial with a Planned Industrial Development on that portion of Lot 15 Revised of Hillsview Subdivision described as follows: Beginning at the southeast corner of Lot 15 Revised; thence N51º22’18”W 320.51 feet, more or less; thence N38º37’42”E 80.71 feet, more or less; thence N00º00’00”W 283.40 feet, more or less; thence S89º50’46”E 200.00 feet, more or less: thence S00º00’00”E 546.00 feet, more or less to the Point of Beginning; located in the NE¼ SE¼ of Section 5, and the 75 foot wide right-of-way located adjacent and south of the above described parcel, 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.

 

BILLS

 

101. No. CC080309-01 – Bill List for August 3, 2009

 

EXECUTIVE SESSION for the purposes permitted by SDCL 1-25-2

 

STAFF DIRECTION

 

ADJOURN