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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.
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chambers.
AGENDA FOR THE CITY COUNCIL
ROLL CALL AND DETERMINATION
OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
APPROVE MINUTES for August 10, 11 and 12, 2009 Special
Council meetings and
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.
1.
NON-PUBLIC HEARING
ITEMS -- Items
2 - 100
Public Comment opened – Items 2- 77
Public Comment closed
CONSENT ITEMS – Items 2- 66
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
(
2.
Friends
of the Rapid City Public Library for a Special Event Wine License for an event
scheduled
3.
Rapid
City Area Chamber of Commerce for a Special Event Beer and Wine License for an
event scheduled
4.
Destination
5.
Lost
Steer LLC DBA The Lost Steer, 5412 Hwy. 16 S, for a Retail (on-off sale) Wine
License
6.
Red
Carpet Events,
7.
Lisa
Holbrook DBA The Beanery,
8.
Lisa
Holbrook DBA The Beanery,
9.
Thomas
J. O’Meara DBA Toby’s Casino,
10.
Target
Corporation DBA Target Store T-2457,
Public Works Committee Consent Items
11.
No.
PW090109-01 – Approve a request from Terry Cash, Dream Design International,
Inc., to Appeal the Denial of the Request for Exception to Rapid City Standards
to allow a Utility Service to cross another property with the Attorney’s Office
drafting the appropriate Covenant Agreement and ask that the property taxes be
paid in arrears since the date of the certification of the public vote.
12.
Acknowledge the report on
the Road Map for Green Cities Sustainable Committee.
13.
No.
PW090109-02 – Approve a Resolution to directly select consultants for
contracts up to $25,000.00 and have the consultant selection information for these
contracts to be posted to the website a couple times a year.
14.
Acknowledge
the report on the Update on the City Landfill Scale Project and Use of Portable
Scales.
15.
No. PW090109-03 – Approve Change Order No. 1F to Warax Excavating,
Inc. for the
16.
No. PW090109-04 – Approve Change Order No. 6F to Heavy Constructors,
Inc. for the Well 12 and
17.
No. PW090109-05 – Approve Change Order No. 1F to Hills Materials
Company for the
18.
No. PW090109-06 – Approve Change Order No. 4 to Natgun Corporation
for the Elk Vale Low Level Reservoir, Project No. W07-1638 / CIP No. 50321, for
an increase of $37,774.90.
19.
No. PW090109-07 – Approve Change Order No. 1 to KRM
Concrete for the
20.
No. PW090109-08 – Approve Change Order No. 1F to Traffic Services
Company for the 2009 Roadway Painting Project, Project No. PM09-1780 / CIP No.
50594, for an increase in the amount of $6,085.70.
21.
No. PW090109-09 – Authorize
Staff to Advertise for Bids for the
22.
No. PW090109-10 – Authorize
Staff to Advertise for Bids for the Downtown Alley Reconstruction, Project No.
ST09-1821 / CIP No. 50379. Estimated Amount of Project: $50,000.
23.
No. PW090109-11 – Authorize
Staff to Advertise for Bids for
24.
Approve
No. PW090109-12, No.
PW090109-13, No. PW090109-14,
and No. PW090109-15. No. PW090109-12 –Amendment
No. 1 to the Agreement between the City of
25.
No.
PW090109-16 – Acknowledge the report on West Main Street Traffic Analysis,
implement the no right turn on red at Jackson Boulevard and West Main Street,
to refer the discussion of the median to the next Capital Improvements Program
Committee meeting for consideration, and to have property owners contacted to
cut down vegetation that limits sight distance from the driveways in the 1400
block of West Main Street.
26.
Authorize
Staff to apply for a South Dakota Solid Waste Grant for the Leachate Remediation
and Closure and Landfill Gas and Flare projects.
27.
No.
09VE008 - Section
11, T1N, R7E – Approve a request by City
of
28.
No.
09EX093 – Accept the applicant’s withdrawal of a Request for Exception
to driveway approach separation on Lot B of Menard Subdivision, Section 32, T2N,
R8E, BHM, Rapid City, Pennington County, South Dakota, located at Eglin Street.
29.
No.
09TP023 – Approve the 2010 – 2014 Rapid City Area Transportation Improvement
Program – Final Report.
Legal & Finance Committee Consent Items
30.
No.
LF090209-01 – Confirm appointment of Floyd Schafer to the Trenching Board.
31.
No.
LF090209-02 – Confirm appointment of John Herr, Mark Thomas, Steve Strubel,
Jeff Medley, Bob Brandt, Lee Geiger, Jamie Stampe, Matt Hammond, Tim Cheever,
Tim Behlings, and Brad Solon to the Building, Fire & Mechanical Code Coordinating
Committee.
32.
No.
LF090209-03 – Confirm reappointment of Jeni Leberknight and the appointment
of Scott Landguth and Danielle Wiebers to the Air Quality Board.
33.
Request
the Mayor to appoint a task force to begin discussion on how to market
34.
No.
LF090209-05 – Acknowledge Capital Improvements Program Committee monthly
update for August 2009.
35.
No.
LF090209-06 – Approve the Capital Plan for Streets, Drainage and MIP Projects.
36.
No.
LF090209-40 – Approve recommendation to transfer CIP funds from the Library
Acoustic Project to the ILS System at the Library.
37.
No.
LF090209-07 – Approve Parks and Recreation Five Year Plan.
38.
No.
LF090209-08 – Approve Event Permit for Rapid City Downtown Association
Molly Brown Runway Show to be held
39.
No.
LF090209-09 – Approve Travel Request for Steve Allender and the Command
Staff to attend semi-annual goals meeting in Spearfish, SD, November 5-6, 2009,
in the approximate amount of $1,392.
40.
No.
LF090209-10 – Approve Travel Request for Dan Rud to attend the FBI National
Academy Session 239 in Quantico, Virginia, September 23-December 15, 2009, in
the approximate amount of $3,256.
41.
No.
LF090209-11 – Authorize staff to apply for grant funding through the American
Recovery and Reinvestment Act of 2009 in the amount of $9,000.
42.
No.
LF090209-12 – Approve Travel Request for Dustin Willett, Jason Dannenbring,
Katie Fauss, Jesse Gloe, Hunter Harlan, Al Johnson, Matt Owczarak, Brian Povandra,
Kent Przymus, Rod Seals, Shawn Stalder, and Jeremy Stauffacher to attend Sierra
Rescue Technical Rope Rescue Course in Rapid City, SD, August 31-September 4,
2009, in the approximate amount of $7,160.
43.
No.
LF090209-13 – Approve Travel Request for Mike Schad to attend AAAE Basics
of Airport Law Workshop in San Francisco, CA, September 12-16, 2009, in the approximate
amount of $2,494.
44.
No.
09TP024 – Authorize Mayor and Finance Officer to execute a No Cost, Time
Extension with Ferber Engineering Company, Inc. for the Sheridan Lake Road/Downtown/Skyline
Drive Future Land Use Plans Contract.
45.
No.
LF090209-16 – Approve Resolution No. 2009-105 Acknowledging a Correction
to the Minutes for the
46.
No.
LF090209-17 – Approve Resolution No. 2009-109 Fixing Time and Place for
Hearing on
47.
No.
LF090209-20 - Authorize Mayor and Finance Officer to sign Contract with
48.
No.
LF090209-21 – Approve Sidewalk Vending License for Dakota Dogs.
49.
No.
LF090209-22 – Authorize Mayor and Finance Officer to sign CDARS Deposit
Placement Agreement with First National Bank in
50.
No.
LF090209-23 – Approve Travel Request
for Tracy Davis, Jim Preston, Pauline Sumption, and Connie Ewing to attend the
South Dakota Municipal League Annual Conference in Watertown, SD October 6 - 9
in the approximate amount of $1,966.
51.
Approve
correction to bid amount for KRM Concrete for an
52.
No.
LF090209-24 – Authorize Mayor and Finance Officer to sign Subrecipient
Contract for Community Development Block Grant Funding for Fiscal Year 2009 with
Working Against Violence, Inc.
53.
No.
LF090209-25 – Authorize Mayor and Finance Officer to sign Subrecipient
Contract for Community Development Block Grant Funding for Fiscal Year 2009 with
Behavior Management Systems.
54.
No.
LF090209-26 – Authorize Mayor and Finance Officer to sign Subrecipient
Contract for Community Development Block Grant Funding for Fiscal Year 2009 with
Rapid City Community Development Corp.
55.
No.
LF090209-27 – Authorize Mayor and Finance Officer to sign Subrecipient
Contract for Community Development Block Grant Funding for Fiscal Year 2009 with
Western Resources for dis-Abled Independence.
56.
No.
LF090209-28 – Authorize Mayor and Finance Officer to sign Subrecipient
Contract for Community Development Block Grant Funding for Fiscal Year 2009 with
Youth & Family Services – Counseling Center.
57.
No.
LF090209-29 – Authorize Mayor and Finance Officer to sign Subrecipient
Contract for Community Development Block Grant Funding for Fiscal Year 2009 with
Dakota Plains Legal Services.
58.
No.
LF090209-30 – Authorize Mayor and Finance Officer to sign Subrecipient
Contract for Community Development Block Grant Funding for Fiscal Year 2009 with
Teton Coalition, Inc.
59.
No.
LF090209-31 – Authorize Mayor and Finance Officer to sign Subrecipient
Contract for Community Development Block Grant Funding for Fiscal Year 2009 with
Black Hills Area Habitat for Humanity.
60.
No.
LF090209-32 – Authorize Mayor and Finance Officer to sign U.S. Department
of Housing and Urban Development (HUD) Funding Approval/Agreement for Community
Development Block Grant Recovery Funds for the Amended FY2008 Annual Action Plan
Activities to be Conducted in FY 2009.
61.
No. LF090209-33 – Authorize
Mayor and Finance Officer to sign Host Hotel Contract with Rushmore Plaza Holiday
Inn for the 2010 NAIA Women’s Golf Championships to be held at Meadowbrook Golf
Course.
62.
Acknowledge
update on
63.
No.
LF090209-35 – Authorize Mayor and Finance Officer to sign Agreement for
Ambulance Transport Services between the City of
64.
No.
LF090209-37 – Approve Travel Request for Jason Green and Michael Schad
to attend the Annual South Dakota Municipal League Conference in Watertown, SD,
October 6-9, 2009, in the approximate amount of $1,235.60.
65.
No.
LF090209-38 – Acknowledge raffle request from Sons of Norway.
66.
No.
LF090209-39 – Approve abatement for Don L. Phillips for 2007 in the amount
of $49.50.
Growth Management Department Consent Items (None)
END OF CONSENT CALENDAR
CONTINUED CONSENT
ITEMS – Items
67 - 77
Remove Items from the “Continued Consent
Items” and Vote on Remaining Continued Consent Items
Continue the following items until
September 21, 2009:
67.
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.
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.
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.
70.
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.
71.
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.
72.
No.
09PL040 - A request by Centerline,
Inc. for Lazy P-6 Land Co., Inc. for a Layout Plat on Lot 1 in Block 1
and Lots 1 thru 4 in Block 2, of __________ Subdivision located in the W1/2 SW1/4
of Section 19, T1N, R8E and E1/2 SE1/4 of Section 24, T1N, R7E all located in
BHM, Pennington County, South Dakota, legally described as a parcel of land located
in the W1/2 SW1/4 of Section 19, T1N, R8E and E1/2 SE1/4 of Section 24, T1N, R7E
all located in BHM, Pennington County, South Dakota, located at the southeast
corner of the intersection of Fifth Street and Catron Boulevard.
73.
No.
09PL046 - A request by Todd Fenster for a Layout Plat on Lot 1 of Block 1 of Expressway Subdivision, located in
the N1/2 N1/2 SW1/4, less Big Sky Subdivision, less F&N Subdivision, less
Lot H1 and less right-of-way, Section 3, T1N, R8E, BHM, Pennington County, South
Dakota, legally described as the unplatted
parcel located in the N1/2 N1/2 SW1/4, less Big Sky Subdivision, less F&N
Subdivision, less Lot H1 and less right-of-way, Section 3, T1N, R8E, BHM, Pennington
County, South Dakota, located at 1200 Elk Vale Road.
74.
No.
09PL047 - A request by Centerline, Inc. for
75.
No.
09PL048 - A request by Dream Design International, Inc. for a Preliminary
Plat on Lot 1 of Tract 3 of Discovery
Subdivision, 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, Section 28, T2N,
R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1851
Discovery Circle.
76.
No.
09PL049 - A request by FMG, Inc. for Menard, Inc. for a Layout Plat
on Lots B1 and B2 of Menard Subdivision, located
in the SE1/4 NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County,
South Dakota, legally described as Lot B of Menard Subdivision located in the SE1/4 NW1/4, Section 32, T2N,
R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1830 Eglin Street.
Continue the following items until
October 5, 2009:
77.
No.
09PL050
- A request by D.C. Scott Co. Land Surveyors for a Preliminary
Plat on Lot 1 of Rommesmo Subdivision,
located in the SW1/4 SW1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington
County, South Dakota, legally described as the SW1/4 SW1/4 of Section 27, T2N, R7E, BHM, Rapid City,
Pennington County, South Dakota, located northwest of the intersection of Lien Street and Deadwood Avenue.
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS – Items 78 – 100
Public Comment opened – Items 78 - 100
Public Comment closed
Ordinances
78.
No.
LF090209-14 – First
79.
No.
LF090209-15A – First
80.
No.
LF090209-34 – First Reading, Ordinance 5534 Allowing Department Directors
to Enter into Contracts up to $25,000 with a Single Vendor Without Prior City
Council approval by Amending Section 3.04.090 of the Rapid City Municipal Code.
81.
No.
09RZ033 – First Reading, Ordinance 5536,
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 H-3 and H-4 in the NW1/4 of Section 9 and north
of a portion of the N1/2 NW1/4 less Lot H5 of the NE1/4 NW1/4 and the N1/2 SE1/4
NW1/4 less Lot H1 of Section 9, all located in Section 9, T1N, R8E, BHM, Rapid
City, Pennington County, South Dakota, located east of South Valley Drive and south of S.D. Highway
44.
82.
No.
09RZ034 – First Reading, Ordinance 5537,
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 Mobile
Home Residential District of Lot 16
of Melody Acres Subdivision No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington
County, South Dakota, located at 2801 Cactus Drive.
83.
No.
09RZ035 – First Reading, Ordinance 5538,
An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal
Code, Rezoning the within Described Property as requested by A request by City of Rapid City for a Rezoning from No Use District to Mobile
Home Residential District of Lot 6 of
Melody Acres Subdivision No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington
County, South Dakota, located at 2804 E. Fairmont Street.
Growth Management Department Items
84.
No.
09PL041 - A request by Dream Design International, Inc. for a Preliminary
Plat on Tract A of Block 2 of Heartland
Retail Center, located in the NW1/4 of the NW1/4, Section 34, T2N, R8E, Rapid
City, Pennington County, South Dakota, legally described as the unplatted balance of the NW1/4 of the NW1/4, less
the east 200 feet lying south of Cheyenne Boulevard right-of-way, Section 34,
T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Cheyenne Boulevard and
North Elk Vale Road.
85.
No.
09PL052 - A request by
86.
Authorize the Mayor and Finance Officer to sign the waiver of right
to protest a future assessment for the installation of a sidewalk along
Legal & Finance Committee Items
87.
No. LF090209-18A – Resolution
No. 2009-111 Approving Certain Drinking Water Facilities Improvements; Approving
the Issuance and Sale of a Revenue Bond to Finance, Directly or Indirectly, the
Improvements to the Facilities; Approving the Form of the Loan Agreement and the
Revenue Bond and Pledging Certain Revenues and Collateral to Secure the Payment
of the Revenue Bond; and Creating Special Funds and Accounts for the Administration
of Funds for Operation of the System and Retirement of the Revenue Bond.
88.
No. LF090209-19 – Authorize
Mayor and Finance Officer to sign South Dakota Conservancy District State Revolving
Fund Revenue Obligation Loan Agreement.
89.
No.
LF090209-36 – Authorize Mayor and Finance Officer to sign Memorandum of
Understanding with the School District and the Rapid City Performing Arts Coalition.
Public Works Committee Items
90.
No.
09EX084 – Approve with the stipulation that the applicant enter into a
covenant agreement to install the concrete driveway at the time Seger Drive is
reconstructed a Request for Exception to the requirement to install a reinforced
concrete driveway at 2303 Seger Drive legally described as Lot 1 of Block 2 of
Northstar Subdivision, located in the NE¼ of the NE¼ of Section 29, T2N, R8E,
BHM, Rapid City, Pennington County, South Dakota.
91.
No.
09VE012 – A request by Ken Fuerst for K1 Construction,
Inc. to consider an application for a Vacation of a Utility and Drainage Easement
on Lot 11 Block 7 of Red Rock Meadows, located in the SW1/4 NW1/4 NW1/4 of Section
28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally
described as being located at 6509 Seminole Lane.
92.
No.
09VE011 - Approve
with staff stipulations a request by Ferber
Engineering Company for KR Toyland, LLC to consider an application for
a Vacation
of a portion of a Major Drainage Easement on Lot 1 of Block 5 of East Mall Business Center Subdivision, Section 29, T2N,
R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described
as being located northwest of the intersection
of East Mall Drive and Tish Boulevard.
93.
Recommend
denial of a request to have Future Land Use Committee Meeting minutes recorded
and linked to the City Website.
Bids
94.
No.
CC090809-02.1 – Sweeper Broom Refills for the Street Division (Opened
95.
No.
CC090809-02.2 - Enhanced Corrosion Inhibited Liquid Magnesium Chloride
for Street Division (Opened
96.
No.
CC090809-02.3 –
97.
No.
CC090809-02.4 – West Main Street and
98.
No.
CC090809-04 – Informal Quote for
Mayor’s Items
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
99.
No. LF040109-24A - Introduction and First Reading of Ordinance No. 5501 to
Prohibit the Feeding of Wildlife and Waterfowl in the City of Rapid City by Establishing
Chapter 6.16 of the Rapid City Municipal Code (continued from the May 13, 2009,
Legal and Finance Committee meeting, the July 1, 2009, Legal and Finance Committee
meeting, and the August 12, 2009 Legal and Finance Committee meeting)
Staff Items
100.
No.
CC090809-03 - Vision 2012 Update
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS
– Items 101 - 126
Open Public Hearing (comment) -- Items 101 - 126
CONTINUED PUBLIC HEARING
CONSENT ITEMS – Items 101 - 104
Remove Items from the “Continued Public
Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent
Items
Continue the following items until
September 21, 2009:
101.
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.
102.
No.
09SV015 - A request by Centerline, Inc. for Lazy P-6 Land Co., Inc. for
a Variance
to the Subdivision Regulations to reduce the pavement width from 12 feet to 11
feet per lane as per Chapter 16.16 of the Rapid City Municipal Code on
Lot 1 in Block 1 and Lots 1 thru 4 in Block 2,
located in the W1/2 SW1/4 of Section 19, T1N, R8E and E1/2 SE1/4 of Section 24,
T1N, R7E all located in BHM, Pennington County, South Dakota, legally described
as a parcel of land located in the W1/2 SW1/4 of
Section 19, T1N, R8E and E1/2 SE1/4 of Section 24, T1N, R7E all located in BHM,
Pennington County, South Dakota, located at the southeast corner of the intersection of Fifth
Street and Catron Boulevard.
103.
No.
09SV018 - A request by FMG, Inc. for Menard, Inc. for a Variance to
the Subdivision Regulations to waive the requirement to construct pavement, curb,
gutter, sidewalk, water, sewer, and street light conduit on Menard Drive, to waive
the requirement to construct pavement, curb, gutter, sidewalk, water, sewer, and
street light conduit on shared access easement to Lots B1 and B2, and to waive
the requirement to construct sidewalk and sewer on E North Street as per Chapter
16.16 of the Rapid City Municipal Code on Lots B1 and B2 of Menard Subdivision, located in the
SE1/4 NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota,
legally described as Lot B of Menard Subdivision
located in the SE1/4 NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington
County, South Dakota, located at 1830 Eglin Street.
Continue the following items until
October 5, 2009:
104.
No.
09SV019 -
A request by D.C. Scott Co. Land Surveyors for a Variance to
the Subdivision Regulations to reduce the pavement width from 40 feet to 28 and
32 feet, respectively, and to waive the requirement to install curb, gutter, sidewalk
and sewer along Lien Street as per Chapter 16.16 of the Rapid City Municipal Code
on Lot 1 of Rommesmo Subdivision, located in
the SW1/4 SW1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South
Dakota, legally described as the unplatted balance of the SW1/4 SW1/4 of Section 27,
T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Lien Street and Deadwood
Avenue.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 101 - 126
CONSENT PUBLIC HEARING
ITEMS – Item 105
- 115
Remove Items from the “Consent Public
Hearing Items” and Vote on Remaining Consent Items
Growth Management Items
105.
No.
09CA001 - Approve
a request by City of Rapid City to
consider an application for an Amendment to the Comprehensive Plan adopting the Spring
Creek Neighborhood Area Future Land Use Plan on that portion of Sections 1, 3, 10, 11, 12, 14 and 15 lying
south of Spring Creek, all of Sections 13, 22, 23, 24, 25, and 26, and all of
Section 27 less Foster Lode Mineral Survey, Township 1 South, Range 6 East, BHM,
Pennington County, South Dakota; that portion in the W1/2 of Section 4 and Sections
5, 6 and 7 lying south of Spring Creek, the W1/2 and SE1/4 of Section 9, the S1/2
of Sections 10 and 11, and all of Sections 1, 8, 12, 13, 14, 15, 16, 17, 18, 19,
20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and 30, Township 1 South, Range 7 East,
BHM, Pennington County, South Dakota; the E1/2 and SW1/4 of Section 25 and all
of Section 36, Township 1 North, Range 7 East, BHM, Pennington County, South Dakota;
that portion of Sections 29 and 32 lying west of SD Highway 79 and all of Sections
30 and 31, Township 1 North, Range 8 East, BHM, Pennington County, South Dakota;
that portion of Sections 5, 8, 17, 20 and 29 lying west of SD Highway 79 and all
of Sections 6, 7, 18, 19 and 30, Township 1 South, Range 8 East, BHM, Pennington
County, South Dakota, more generally described as being located south
of Spring Creek, east of Boulder Hill Road, north of Knotty Pine Road and west
of S.D. Highway79.
106.
No.
09CA002 – Approve a request by City of Rapid City to consider an application
for an Amendment to the Comprehensive Plan to Revise the Major Street Plan
by eliminating, adding and realigning arterial and collector streets in the Spring
Creek Neighborhood Area Future Land Use Plan on that portion of Sections 1,
3, 10, 11, 12, 14 and 15 lying south of Spring Creek, all of Sections 13, 22,
23, 24, 25, and 26, and all of Section 27 less Foster Lode Mineral Survey, Township
1 South, Range 6 East, BHM, Pennington County, South Dakota; that portion in the
W1/2 of Section 4 and Sections 5, 6 and 7 lying south of Spring Creek, the W1/2
and SE1/4 of Section 9, the S1/2 of Sections 10 and 11, and all of Sections 1,
8, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and
30, Township 1 South, Range 7 East, BHM, Pennington County, South Dakota; the
E1/2 and SW1/4 of Section 25 and all of Section 36, Township 1 North, Range 7
East, BHM, Pennington County, South Dakota; that portion of Sections 29 and 32
lying west of SD Highway 79 and all of Sections 30 and 31, Township 1 North, Range
8 East, BHM, Pennington County, South Dakota; that portion of Sections 5, 8, 17,
20 and 29 lying west of SD Highway 79 and all of Sections 6, 7, 18, 19 and 30,
Township 1 South, Range 8 East, BHM, Pennington County, South Dakota, more generally
described as being located south of Spring Creek, east of Boulder Hill Road, north
of Knotty Pine Road and west of S.D. Highway79.
Alcohol Licenses
107.
Jeff
Salter DBA The Wine Rack,
108.
Rapid
City Catholic School System for a Special Beer and Wine License for an event scheduled
at
109.
BDUBS,
LLC DBA Buffalo Wild Wings, 715 Mountain View Rd., for a Retail (on-sale) Liquor
License TRANSFER from Lester and Webb Enterprises LLC DBA South City Tavern Bar
& Grille, 640 E. St. Patrick Street.
110.
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 August 17, 2009 City Council meeting)
111.
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 and August 3, 2009 City Council meetings)
112.
LaMore
Restaurant Group Inc. DBA Denny’s,
Assessment Rolls
113.
No.
LF072909-26 - Resolution Levying Assessment for Cleanup of Miscellaneous
Properties
Other Items Requiring Public Hearings (None)
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC
HEARING ITEMS
– Items 114 - 126
114.
No.
09FV011 - Approve
with the stipulation that the gate open inward a request by Amie Kelly to consider an application for a Fence Height
Exception to allow a six foot high fence in the front yard setback
on the west 62 feet of the south 10 feet of Lot
14 and the west 62 feet of Lots 15 and 16 of Block 10 of North Rapid Addition,
Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota,
more generally described as being located at 624
Adams Street.
115.
No.
09UR019 - Northern Heights Subdivision - An Appeal of the Planning
Commission's decision on a Request by Troy Erickson for M.G. Oil Co. for a
Conditional Use Permit to allow an on-sale liquor establishment on Lot
1 of Tract A of Block 1 of Northern Heights Subdivision, Section 25, T2N, R7E,
BHM, Rapid City, Pennington County, South Dakota, more generally described as
being located southwest corner of the intersection of Lindbergh Avenue and Haines
Avenue.
116.
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.
117.
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.
118.
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.
119.
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.
120.
No.
09RZ028 – Second Reading, Ordinance
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.
121.
No.
09RZ029 – Second Reading, Ordinance
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.
122.
No.
09RZ030 – Second Reading, Ordinance
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.
123.
No.
09RZ031 – Second Reading, Ordinance
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.
124.
No.
09SV016 - A request by Dream Design International, Inc. for a Variance to
the Subdivision Regulations to waive the requirement to install sidewalk, water
and sewer and to reduce the pavement width from 26 feet to 20 feet along the access
easement as per Chapter 16.16 of the Rapid City Municipal Code on Lot
1 of Tract 3 of Discovery Subdivision, 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 SE1/4 and the SE1/4 of the
NE1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota,
located at 1851 Discovery Circle.
125.
Authorize the Mayor and Finance Officer to sign the waiver of right
to protest a future assessment for the installation of sewer and water along Elk
Vale Road as they abut the unplatted balance of the NW1/4 of the NW1/4, less the
east 200 feet lying south of Cheyenne Boulevard Right-of-way of Section 34, T2N,
R8E, BHM, Rapid City, Pennington County, South Dakota, located at southeast of
the intersection of Cheyenne Boulevard and North Elk Vale Road (09SV017)
126.
No.
09SV017 - 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 Tract A of Block 2 of Heartland Retail Center,
located in the NW1/4 of the NW1/4, Section 34, T2N, R8E, Rapid City, Pennington
County, South Dakota, legally described as the unplatted balance of the NW1/4 of the NW1/4, less
the east 200 feet lying south of Cheyenne Boulevard right-of-way of Section 34,
T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Cheyenne Boulevard and
North Elk Vale Road.
BILLS
127.
No.
CC090809-01 – Bill List for
EXECUTIVE SESSION for the purposes permitted by SDCL
STAFF DIRECTION
ADJOURN