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.

 

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

7:00 P.M., September 21, 2009

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for August 31, September 1, 8 and 14, 2009 special Council meetings and September 8, 2009 regular Council meeting.

 

AWARDS AND RECOGNITIONS

 

1.                   Primal Quest Team

 

2.                   Veteran of the Month

 

3.                   Employee Awards

 

GENERAL PUBLIC COMMENT

 

A time for the members of the public to discuss or express concerns to the Council on any issue not on the agenda.  Action will not be taken at the meeting on any issue not on the agenda, except by placement on the agenda by unanimous vote of the Council members present.

 

NON-PUBLIC HEARING ITEMS – Items 4 – 86

 

Public Comment opened – Items 4 – 67

Public Comment closed

 

CONSENT ITEMS – Items 4 – 58

 

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 (October 5, 2009)

 

4.                   Rapid City Catholic School System for a Special Beer and Wine License for an event scheduled at 300 Fairmont Blvd. on October 24, 2009.

 

5.                   Youth and Family Services Inc. for a Special Beer and Wine License for an event scheduled at 120 E. Adams Street on February 19 and 20, 2009.

 

Public Works Committee Consent Items

 

6.                   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.

 

7.                   No. CC092109-03 - Deny a Request by Fischer Furniture to erect a tent in the public right-of-way at 1710 West Main Street beginning September 28, 2009, until October 11, 2009; and City of Rapid City to be named as additional insured – Jay Fox / Curt Sailer.

 

8.                   Acknowledge the report on Highway 44 Median Discussion. 

 

9.                   Ask the Mayor to direct the Public Works Department to send a letter to the DOT asking the DOT to conduct a study on the intersection of Founder’s Park Drive and Omaha Street and report the findings to the City Council in 30 days.   

 

10.               Acknowledge the report on Update on New Bus Routes. 

 

11.               Acknowledge the report on the Update on Sixth and Saint Joseph Street Project.     

 

12.               No. PW091509-02 – Authorize Mayor and Finance Officer to Sign a Purchase Agreement between the City of Rapid City and Red Rock Development LLC for the Purchase of a Well Lot. 

 

13.               No. PW091509-03 – Approve Authorization to Prepare H-Lot and Acceptance of Deed for Well and Well Lot.

 

14.               No. PW091509-04 – Authorize Mayor and Finance Officer to Sign a Water Service Agreement between the City of Rapid City and Red Rocks golf Club. 

 

15.               No. CC090809-02.2 - Award Enhanced Corrosion Inhibited Liquid Magnesium Chloride for Street Division (Opened September 2, 2009) to the lowest responsible bidder meeting specifications (Enviro Tech Services, Inc. in the amount of $12,500.00).

 

16.               Approve item No. PW091509-05, No. PW091509-06, No. PW091509-07, and No. PW091509-08.  No. PW091509-05 – Change Order No. 1F to Warax Excavating, Inc. for the First Street Outfall 36” Flap Gate, Project No. DR09-1812 / CIP No. 50765, for a decrease in the amount of $353.50.  No. PW091509-06 – Change Order No. 2F to KRM Concrete for the ADA Compliance Project, Project No. ADA09-1781 / CIP No. 50761, for a decrease in the amount of $87.92.  No. PW091509-07 – Change Order No. 1F to Simon Contractors of SD, Inc. for the Sanitary Sewer Extension, Block 110 Original Townsite (Kansas City Street to Quincy Street), Project No. SS08-1752 / CIP No. 50742, for a decrease of $1,403.76.  No. PW091509-08 – Change Order No. 1F to Quinn Construction Inc. for the Elm Avenue Sanitary Sewer – Hillshire Court to E. Minnesota Street, Project No. SS08-1709 / CIP No. 50152, for an increase of $10,456.34. 

 

17.               No. PW091509-09 – Authorize Staff to Advertise for Bids PCC Pavement Repair – Tamarack Drive, Minnesota Street, and 7th Street; Project No. ST09-1816 / CIP No. 50445.  Estimated Cost of Project:  $275,000.00. 

 

18.               No. PW091509-10 – Authorize Mayor and Finance Officer to Sign Applications for Permits to Appropriate Water as related to the Jackson Springs Water Treatment Facility and Mt. View Water Treatment Facility and authorize payment of related applications fees from the Water Enterprise Fund. 

 

19.               No. PW091509-11 – Authorize Mayor and Finance Officer to Sign an Agreement for purchase of Lot B of Lot 4 Cleghorn Canyon #2 for Jackson Springs Water Treatment Plant. 

 

20.               No. PW091509-12 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with TSP, Inc. for the Catron Boulevard (US Hwy 16B) Reconstruction Utility Relocation and Modification, Project No. SSW09-1819 / CIP No. 50396, in the amount of $69,315.00. 

 

21.               No. PW091509-13 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with CETEC Engineering Services, Inc. for the Saint Andrew Street Reconstruction, Project No. ST10-1083 / CIP No. 50714, in the amount of $61,152.00. 

 

22.               No. PW091509-14 – Authorize Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of a sidewalk along Haines Avenue as they abut Outlot A of Auburn Hills Subdivision and Lot 5 of Madison's Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 602 Auburn Drive (09UR017).

 

23.               No. PW091509-15 – Authorize Mayor and Finance Officer to sign State of South Dakota Agreement/letter of Agreement with the South Dakota Department of Environment and Natural Resources. 

 

Legal & Finance Committee Consent Items

 

24.               No. LF091609-01 – Approve Travel Request for Mayor Hanks, Karen Gundersen Olson, and Malcom Chapman to attend South Dakota Municipal League Annual Conference in Watertown, SD, October 6-9, 2009, in the approximate amount of $2,550.80.   

 

25.               No. LF091609-02 – Confirm reappointment of Richard Dunkelberger and Craig Christianson and the appointment of Michelle Lamphere and Kelly Knutson to the BID Board. 

 

26.               No. LF091609-03 – Confirm appointment of Gary Brown to the Annexation Sub Committee.   

 

27.               Acknowledge presentation of updated City website.   

 

28.               No. LF091609-34 – Confirm appointment of Gary Brown to the Tax Increment Financing Committee to replace Tom Hennies. 

 

29.               No. LF091609-35 – Confirm appointment of Barb Collins and Doug Kinninburgh to the Planning Commission.   

 

30.               No. LF091609-36 – Confirm appointment of Roger Hall, Suzanne Martley, Timothy Roach, Aaron Sanders, Eirik Heikes, Jessica Miller, Cynthia Matson, City Council members Karen Gundersen Olson and Patti Martinson, and Energy Plant Manager Gunar Dzintars to the Green City Task Force.   

 

31.               No. LF091609-04 – Approve Human Relations Commission bylaws. 

 

32.               Acknowledge discussion on future 2012 dates. 

 

33.               No. LF091609-05 – Approve Event Permit for Black Hills Symphony Orchestra for free parking near the First United Methodist Church on Saturday, January 30, 2010.   

 

34.               No. LF091609-06 – Approve Event Permit for United Blood Services for free parking.   

 

35.               No. LF091609-07 – Approve Event Permit for Destination Rapid City Fall Festival to be held October 2-3, 2009.   

 

36.               No. LF091609-08 – Approve Travel Request for Bill Parsons and Steve Neavill to attend Polygraph Conference in San Diego, CA, December 6-11, 2009, in the approximate amount of $3,916.80.   

 

37.               No. LF091609-09 – Accept grant award for Internet Crimes against Children Recovery Act 2009 in the amount of $9,000.  

 

38.               No. LF091609-10 – Accept Special Event Enforcement Grant in the amount of $62,868.   

 

39.               No. LF091609-11 – Accept DUI Enforcement Grant in the amount of $140,000. 

 

40.               No. LF091609-12 – Authorize staff to advertise for bids for a siding replacement project for Fire Stations 4 and 5.   

 

41.               No. LF091609-37 – Approve Travel Request for Tim Behlings and Rich Broderick to attend American Fire Sprinkler Association Conference in Dallas, TX, October 4-10, 2009, in the approximate amount of $2,800. 

 

42.               No. LF091609-13 – Approve Resolution No. 2009-115 Declaring Property Surplus. 

 

43.               No. LF091609-16 – Approve Travel Request for Angela Tallon to attend Writing Advanced Geoprocessing Scripts Using Python in Broomfield, CO, December 7-11, 2009, in the approximate Amount of $2,375. 

 

44.               No. LF091609-17 - Authorize Mayor and Finance Officer to sign Contracts for Fiscal Year 2009 Community Development Block Grant Sub-recipient Community Health Center of the Black Hills.  

 

45.               No. LF091609-18 – Authorize Mayor and Finance Officer to sign Contracts for Fiscal Year 2009 Community Development Block Grant Sub-recipient The Salvation Army.   

 

46.               No. LF091609-19 – Authorize Mayor and Finance Officer to sign Contract for Fiscal Year 2008 Community Development Block Grant Recovery Funds, The American Recovery and Reinvestment Act of 2009, Sub-recipient Bethel Assembly of God.   

 

47.               No. LF091609-20 – Authorize Mayor and Finance Officer to sign Contract for Fiscal Year 2008 Community Development Block Grant Recovery Funds, The American Recovery and Reinvestment Act of 2009, Sub-recipient Rural America Initiatives. 

 

48.               No. LF091609-21 – Approve Travel Request for Don Brumbaugh to attend South Dakota Municipal Street Maintenance Association Meeting at the South Dakota Municipal League Conference October 8-9, 2009, in the approximate amount of $275.15.

 

49.               No. LF091609-22 – Approve Travel Request in the amount of $1,940 for 14 City staff members to attend the 2009 Annual SD Parks and Recreation Association Annual Conference to be held in Rapid City at the Rushmore Plaza Holiday Inn, September 29-October 1, 2009. 

 

50.               No. LF091609-23 – Authorize Mayor and Finance Officer to sign Master Development Agreement with St. Joe Investment Group, LLC.      

 

51.               No. LF091609-24 – Authorize Mayor and Finance Officer to sign Agreement for Professional Services between City of Rapid City, Soccer Rapid City and FourFront Design, Inc. 

 

52.               No. LF091609-25 – Authorize Mayor and Finance Officer to sign Professional Services Agreement between the City of Rapid City, The Alliance of Tribal Tourism Advocates and Wyss Assoc., Inc. for Design Services Related to Pow Wow Gardens and Art Market.  

 

53.               No. LF091609-26 – Approve Resolution (No. 2009-120) of Intent to Enter Into Lease of Land with Soccer Rapid City Pursuant to SDCL 9-12.5.2. 

 

54.               No. LF091609-27 - Approve Resolution (No. 2009-121) of Intent to Enter into Lease of Land with The Alliance of Tribal Tourism Advocates. 

 

55.               No. LF091609-32 – Approve Resolution No. 2009-116 to Lift Restrictions on Proactive Code Enforcement. 

 

56.               No. LF091609-33 – Acknowledge raffle request from Rapid City Jaycees. 

 

Growth Management Department Consent Items

 

57.               No. 09CA017 – 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 with a Planned Commercial Development to Public  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.

 

58.               No. 09PL049 – Deny Without Prejudice 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.

 

END OF CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 59 – 67 

 

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

 

Continue the following items until October 5, 2009:

 

59.               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.

 

60.               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.

 

61.               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.

 

62.               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.

 

63.               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.

 

64.               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.

 

65.               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.

 

66.               No. 09PL047 - A request by Centerline, Inc. for PLM Land Development, LLC for a Preliminary Plat on Lots 36 thru 53 of Block 1 of PLM Subdivision, located in the N1/2 NW1/4 and the unplatted SW1/4 NW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance located in the N1/2 NW1/4 and the unplatted SW1/4 NW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern extension of Conestoga Court.

 

67.               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.

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 68 – 86

 

Public Comment opened – Items 68 – 86

Public Comment closed

 

Ordinances

 

68.               No. LF091609-28 – First Reading, Ordinance 5539, An Ordinance to Provide a Dual Notice Provision for Chapter 8.16 of the Rapid City Municipal Code Relating to Nuisances.

 

69.               No. LF091609-29 – First Reading, Ordinance 5540, An Ordinance Amending Chapter 8.28 of the Rapid City Municipal Code Relating to Grass and Weeds. 

 

70.               No. LF091609-30 – First Reading, Ordinance 5541, An Ordinance to Revise the Method of Removal of Junk Motor Vehicles from Private Property by Amending Chapter 10.56 of the Rapid City Municipal Code.

 

71.               No. LF091609-31 – First Reading, Ordinance 5542, An Ordinance to Provide a Penalty for Failure to Remove Snow and Ice from Sidewalks by Amending Section 12.20.070 of the Rapid City Municipal Code.

 

72.               No. 09RZ036 – First Reading, Ordinance 5543, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Glen A. Elshire for a Rezoning from General Commercial District to Light Industrial District of Lot A of Blocks 3 and 4 of Rapid Valley Subdivision, Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2507 East St. Patrick Street.

 

73.               No. LF090209-14 – Second Reading, Ordinance 5535, An Ordinance Regarding Supplemental Appropriation No. 5 for 2009.

 

74.               No. LF090209-15A – Second Reading, Ordinance 5533, An Annual Appropriation Ordinance for FY 2010.

 

75.               No. LF090209-34 – Second Reading, Ordinance 5534, An Ordinance 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.

 

Growth Management Department Items

 

76.               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.

 

77.               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.

 

78.               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.

 

Legal & Finance Committee Items

 

79.               No. LF072909-18A – Approve new Special Event Application.

 

Public Works Committee Items

 

80.               No. PW091509-01 – Acknowledge the report on the Status of Project Plan for TIF #70.  

 

81.               No. 09RD003 - Menard Subdivision – Approve a request by City of Rapid City to consider an application for a Resolution for a Road Name Change from Menard Drive to Century Road on the Menard Drive Right-of-way lying adjacent to Lots B and C of Menard Subdivision Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located lying between East North Street and Eglin Street.

 

82.               No. 09EX101 – Approve with a “waiver of right to protest” an Exception request to waive the requirement to install sidewalk per City Ordinance 12.16.080 on Lot 9 of Block 3 of Lot 3 of the NE1/4 of the NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2021 Monte Vista Drive.

 

Bids

 

83.               No. CC092109-02.1 - Main Fire Station Water Line Reconstruction Project No. IDP09-1791 / CIP No. 50772 (Opened September 15, 2009)

 

84.               No. CC092109-02.2 – Street Rehabilitation Project – Alta Vista Street and Saint Cloud Street ST09-1815 / CIP No. 50549 (Opened September 15, 2009)

 

85.               No. CC092109-02.3 – Fire Station #7, City Project No. FD09-1767 (Opened September 15, 2009)

 

86.               No. CC092109-02.4 – CSAC Front Steps / ADA Ramp Improvements GB09-1808 (Opened September 15, 2009)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

Appeals

 

DARB

 

License application appeals

 

Sign Code Appeals

 

Other Appeals Heard by the Council

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 87 – 106

 

Open Public Hearing (comment) -- Items 87 – 106

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 87 – 89

 

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

 

Continue the following items until October 5, 2009:

 

87.               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.

 

88.               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.

 

89.               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 of the ____________ 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.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 87 – 106

 

CONSENT PUBLIC HEARING ITEMS – Item 90 – 100

 

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

 

Growth Management Items

 

90.               No. 09SV018 – Deny Without Prejudice 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.

 

Alcohol Licenses

 

91.               Friends of the Rapid City Public Library for a Special Event Wine License for an event scheduled October 22, 2009 at the Rapid City Public Library, 610 Quincy Street

 

92.               Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for an event scheduled September 24, 2009 at Knology, 809 Deadwood Ave. N.

 

93.               Destination Rapid City for a Special Event Beer License for an event scheduled October 2 and 3, 2009 on 7th Street between Quincy and Columbus Streets

 

94.               Lost Steer LLC DBA The Lost Steer, 5412 Hwy. 16 S, for a Retail (on-off sale) Wine License

 

95.               Red Carpet Events, 2200 Maple Avenue, for a Retail (on-off sale) Malt Beverage License (No Video Lottery)

 

96.               Lisa Holbrook DBA The Beanery, 201 Main Street, for a Retail (on-off sale) Malt Beverage License (No Video Lottery)

 

97.               Lisa Holbrook DBA The Beanery, 201 Main Street, for a Retail (on-off sale) Wine License

 

98.               Thomas J. O’Meara DBA Toby’s Casino, 710 Cleveland Street, for a Retail (on-off sale) Malt Beverage License (with Video Lottery) TRANSFER from GS Corp Inc. DBA Casa Re-al, 2315 ½ Mt. Rushmore Road (INACTIVE)

 

99.            Target Corporation DBA Target Store T-2457, 1415 Eglin Street, for a Package (off-sale) Malt Beverage License

 

100.            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 September 8, 2009 City Council)

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 101 – 106

 

101.            No. 09RZ033 – Second 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 on 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.

 

102.            No. 09RZ034 – Second 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 on Lot 16 of Melody Acres Subdivision No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2801 Cactus Drive.

 

103.            No. 09RZ035 – Second 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 City of Rapid City for a Rezoning from No Use District to Mobile Home Residential District on 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.

 

104.            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.

 

105.            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.

 

106.            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.

 

BILLS

 

107.            No. CC092109-01 – Bill List for September 21, 2009

 

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

 

STAFF DIRECTION

 

ADJOURN