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City Council Policies and Procedures

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

7:00 P.M., October 5, 2009

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for September 21, 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.

 

1.                  Scott Engmann, Black Hills Area Habitat for Humanity, World Habitat Day

 

NON-PUBLIC HEARING ITEMS -- Items 2 – 82

 

Public Comment opened – Items 2 – 56

Public Comment closed

 

CONSENT ITEMS – Items 2 – 46

 

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 19, 2009)

 

2.                  Lester and Webb LLC DBA South City Tavern, 640 E St. Patrick St., for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

3.                  MG Oil Company DBA Rushmore Casino Too, 1808 Mt. Rushmore Rd., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery TRANSFER from South Dakota Vending Inc. DBA Happy Jacks West, 1925 W. Main Street #1

 

4.                  MG Oil Company DBA Happy Jacks I-90, 4036 Cheyenne Blvd, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery TRANSFER from High Plains Securities Inc. DBA Cheyenne Casino, 4030 Cheyenne Blvd.

 

5.                  MG Oil Company DBA Happy Jacks Valley, 747 Timmons Blvd. Ste. B, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery TRANSFER from South Dakota Vending Inc. DBA Happy Jacks Valley, 747 Timmons Blvd. Ste. B

 

6.                  MG Oil Company DBA Happy Jacks Too, 909 E. St. Patrick St. #21, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery TRANSFER from South Dakota Vending Inc. DBA Happy Jacks Too, 909 E. St. Patrick Street #21

 

7.                  MG Oil Company DBA Happy Jacks East, 909 E. St. Patrick St. #20, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery TRANSFER from South Dakota Vending Inc. DBA Happy Jacks East, 909 E. St. Patrick Street. #21

 

8.                  MG Oil Company DBA Happy Jacks Downtown, 713 Omaha St., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery TRANSFER from South Dakota Vending Inc. DBA Happy Jacks Downtown, 713 Omaha St.

 

9.                  MG Oil Company DBA Happy Jacks Cambell, 1601 Cambell St. #3, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery TRANSFER from South Dakota Vending Inc. DBA Happy Jacks Cambell, 1601 Cambell St. #3

 

10.              MG Oil Company DBA Happy Jacks Omaha, 1109 W. Omaha St., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery TRANSFER from Omaha Players Company DBA Happy Jacks Omaha, 1109 W. Omaha St.

 

Public Works Committee Consent Items

 

11.              No. PW091509-16 – Approve a request that the Mayor direct staff to prepare a handout to post on the website and to forward to property rental agencies as appropriate regarding child safety and screens for multi-story buildings. 

 

12.              Acknowledge the report on the Review of Policy on Non-Responsible Bidders.

 

13.              No. PW 092909-01 – Approve Change Order No. 1F to Simon Contractors of SD, Inc. for the Landfill Scale Approach Repair, Project No. SWO09-1790 / CIP No. 50769, for an increase of $1,968.50. 

 

14.              No. PW092909-02 – Authorize Staff to Advertise for Bids for Dyess Avenue & Beale Street Overlay, Project No. ST09-1826 / CIP No. 50775.  Estimated Amount of Project:  $92,200.00 with SDDOT funding up to $88,000.00 as per agreement. 

 

15.              No. PW092909-03 – Authorize Mayor and Finance Officer to Sign the State of South Dakota Letting and Financial Agreement between Department of Transportation and City of Rapid City. 

 

16.              No. PW092909-04 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with Upper Deck Architects, Inc. for design and construction administration services of the CSAC Roof Replacement, Project No. GB09-1828 / CIP No. 50098, in the amount of $24,450.00.  School district will reimburse City for 40% of costs.

 

17.              No. PW092909-05 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with Dream Design International, Inc. for Easy Street Sanitary Sewer Extension, Project No. SS09-1829 / CIP No. 50776, in the amount of $24,800.00. 

 

18.              No. PW092909-07 – Approve the Request for Authorization to Seek Proposals for Engineering Services for Cliff Drive Sanitary Sewer Extension, Project No. SS09-1830 / CIP No. 50778.  Estimated design and construction costs:  $800,000.00.

 

19.              No. PW092909-08 – Approve the Request for Authorization to Seek Proposals for Engineering Services for Heights Drive Sanitary Sewer Extension, Project No. SS09-1831 / CIP No. 50777.  Estimated design and construction costs:  $670,000.00.

 

20.              No. 09TP025 – Approve the Draft 2010 Unified Planning Work Program for the Rapid City Area Metropolitan Planning Organization.

 

21.              Approve No. PW092909-09 and No. PW092909-10.  No. PW092909-09 – Change Order #2, RCS Construction, Vickie Powers Park Project No. PR08-6002, mow strip around perimeter of playground, $0.00, for a contract time extension of 4 days to September 7, 2009.  No. PW092909-10 – Change Order #3, RCS Construction, Vickie Powers Park Project No. PR08-6002, install entrance sign pole bases at playground entrance, $0.00, for a contract time extension of 14 days to September 21, 2009.

 

Legal & Finance Committee Consent Items

 

22.              Acknowledge the report regarding use of Cleghorn Springs school property for an all-school reunion. 

 

23.              Acknowledge the report regarding the travel policy. 

 

24.              No. LF093009-01 – Acknowledge Capital Improvements Program Committee Monthly Update for September 2009.   

 

25.              No. LF093009-02 – Approve the Capital Plan for Streets, Drainage, MIP Projects for September 2009.   

 

26.              No. LF093009-03 – Approve the transfer of $19,874.50 from Milo Barber to the Fire Station Water Line within CIP Government Buildings. 

 

27.              No. LF093009-04 – Acknowledge the report on revenue stream for CIP.   

 

28.              No. LF093009-26 – Approve Travel Request for Malcom Chapman to attend NLC 2009 Congress of Cities & Exposition in San Antonio, TX, November 10-14, 2009, in the Approximate Amount of $2,836.

 

29.              No. LF093009-06 – Approve Travel Request for Tim Behlings to attend the International Code Council-Code Development and Educational Hearings in Baltimore, MD, October 28-November 3, 2009, in the approximate amount of $3,317. 

 

30.              No. LF093009-07 – Approve Travel Request for Kelly Gunderson, Mike Wright, and Lon Chau to attend TEEX Advanced Structural Collapse Course in College Station, TX, November 9-13, 2009, in the approximate amount of $8,954.   

 

31.              No. LF093009-08 – Approve Travel Request for Eric Hansen, Scott Jangck, Steve McCollar, and Jimmy Massey to attend Confined Space Rescue Tech II Certification in Baton Rouge, LA, December 14-18, 2009, in the approximate amount of $8,513. 

 

32.              No. LF093009-09 – Approve Travel Request for Cameron Humphres, Jennifer Eckman, and one employee or board member to attend 2009 Bismarck Airports District Office Fall Seminar in Bismarck, ND, October 26-29, 2009, in the approximate amount of $2,185.04. 

 

33.              No. LF093009-22 – Acknowledge report on rough opening handout. 

 

34.              No. LF093009-24 - Approve Travel Request for planner in-house interviews in the amount of $1,615.40.   

 

35.              Set Special Council Meeting for 12:30 p.m. on Tuesday, December 29, 2009, to authorize payment of the end of year invoices. 

 

36.              No. LF093009-10 – Approve Resolution No. 2009-114 Acknowledging a Correction to the August 3, 2009 Council Minutes.   

 

37.              No. LF093009-11 – Approve Resolution No. 2009-126 Fixing Time and Place for Hearing on November 2, 2009 for Assessment Roll for Property Cleanup.   

 

38.              No. LF093009-12 – Approve Resolution No. 2009-127 Pledging Revenue from the City’s Water Utility for Use in Repaying Bonds to Construct Certain Improvements to the City’s Water System. 

 

39.              No. LF093009-13 – Approve Resolution No. 2009-118 Authorizing and Directing the Issuance and Sale of Water Revenue Bonds, Series 2009, to Pay the Cost of Improvements to the Municipal Water Utility and Defining the Terms and Manner of Payment of the Bonds and the Security Therefore.   

 

40.              No. LF093009-14 – Authorize Mayor and Finance Officer to sign Indenture of Trust for Utility Revenue Bonds.

 

41.              No. LF093009-16 – 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 – Behavior Management Systems. 

 

42.              No. LF093009-17 – Authorize Mayor and Finance Officer to sign an Agreement for Independent Contractor Services between Western South Dakota Community Action Agency (CAP) and the City of Rapid City.

 

43.              No. LF093009-18 – Authorize Mayor and Finance Officer to sign Agreement between the City and Rapid City Economic Development Foundation, Inc. 

 

44.              No. LF093009-25 – Approve going out for an RFP to list the entire Wally Byam property for sale with MLS

 

Growth Management Department Consent Items

 

45.              No. 08PL124 – Deny without prejudice 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.

 

46.              No. 09PL050 – Acknowledge applicant’s withdrawal of 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 CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 47 - 56

 

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

 

Continue the following items until October 19, 2009:

 

47.              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.

 

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. 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.

 

51.              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.

 

52.              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.

 

53.              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.

 

Continue the following items until November 2, 2009

 

54.              No. 07PL134 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 12 of Block 1,  Lots 1 thru 7 of Block 2,  Lots 1 thru 4 of Block 3,  Lots 1 thru 15 of Block 4, and  Lots 1 thru 31 of Block 5 of Hyland Crossing Subdivision and the dedicated Right-of-way, located in the  W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Dreamscape Drive.

 

55.              No. 07RD007 - A request by Dream Design International for a Road Name Change from Sammis Trail to Moon Meadows Drive on 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.

 

56.              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.

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 57 – 82

 

Public Comment opened – Items 57 – 82

Public Comment closed

 

Ordinances

 

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

 

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

 

59.              No. LF091609-30 – Second Reading, Ordinance No. 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 as amended.

 

60.              No. LF091609-31 – Second Reading, Ordinance No. 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 as amended.

 

61.              No. LF093009-23 – First Reading, Ordinance No. 5544, An Ordinance to Update Alcoholic Beverage Licensing Requirements to Reflect Changes in State Law by Amending Sections 5.12.030 and 5.12.060 of the Rapid City Municipal. 

 

62.              No. 09RZ037 – First Reading, Ordinance No. 5545, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Peter Neumann for Mills Drug, Inc. for a Rezoning from Medium Density Residential District to General Commercial District of Lots 17 thru 18 of Block 15 of Flormann Addition, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 730 St. Cloud.

 

63.              No. 09RZ038 – First Reading, Ordinance No. 5546, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Ferber Engineering Co., Inc. for South Dakota Game Fish and Parks for a Rezoning from General Commercial District to Public District of Block 2 of Tract G of Meadowwood and the South Half of adjacent Dean Lane right-of-way located in the NE¼ SW¼ of Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south and west of the intersection of Dean Lane and Sturgis Road.

 

64.              No. 09RZ039 – First Reading, Ordinance No. 5547, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Ferber Engineering Co., Inc. for South Dakota Game Fish and Parks for a Rezoning from Low Density Residential District to Public District of , Lots 1-2 of Block 1 of Tract G, Lots 3-4 Block 1 of Tract G, Lots 5-6 & 9 of Block 1 of Tract G, the North 30 feet of West 100 feet of Lot 7 and East 124 feet of Lot 7-8, all of Meadowwood, the east half of the adjacent North 40th Street right-of-way and the south half of the adjacent Dean Lane right-of-way located in the NE¼ SW¼  of Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northeastern terminus of North 40th Street.

 

65.              No. 09RZ040 – First Reading, Ordinance No. 5548, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Ferber Engineering Co, Inc. for South Dakota Game Fish and Parks for a Rezoning from Mining and Earth Resources Extraction District to Public District of Lot 2 of NWE Subdivision, the South Half of adjacent Knutson Lane right-of-way, the North Half of adjacent Dean Lane right-of-way, the West Half of adjacent North 40th Street right-of-way and the East Half of Adjacent Meadowwood Drive right-of-way, located in the SE¼ NW¼  of Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Knutson Lane and Sturgis Road.

 

66.              No. 09RZ041 – First Reading, Ordinance No. 5549, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Ferber Engineering Co, Inc. for South Dakota Game Fish and Parks for a Rezoning from Low Density Residential District to Public District of a parcel of land located in SW¼ NW¼, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more particularly described by metes and bounds commencing at the northwest corner of Lot 2 of GFP Subdivision, a found 5/8” rebar with cap marked “FMG Inc. LS SD 6119”, the true point of beginning, with SD State Plane Coordinates, South Zone, NAD83, N-654,463.48, E-1,191,278.17; thence S87°51’26”E at a distance of 258.44 feet to the northeast corner of said Lot 2 of GFP Subdivision; thence S34°43’35”E at a distance of 50.02 feet to the center of the North 44th Street right-of-way; thence along an arc of curve to the right having a radius of 549.84 feet, a length of 354.69 feet and a chord direction of N73°44’46”E to the point of tangency; thence S87°41’57”E at a distance of 171.79 feet to the intersection of the centers of North 44th Street and Meadowwood Drive rights-of-way; thence S02°06’11”W at a distance of 224.69 feet along the center of the Meadowwood Drive right-of-way to a point of deflection; thence S02°07’57”W at a distance of 454.27 feet along the center of the Meadowwood Drive right-of-way to a point of deflection; thence S01°28’49”W at a distance of 329.04 feet along the center of the Meadowwood Drive right-of-way to a point of deflection; thence N87°43’42”W at a distance of 16.35 feet to a found bolt; thence N88°29’57”W at a distance of 9.62 feet to a found rebar and cap marked “FMG Inc. LS SD 6119”; thence N87°57’50”W at a distance of 402.44 feet to a point of deflection; thence N02°06’56”E at a distance of 129.73 feet to a found 3/8” rebar; thence N02°20’47”E at a distance of 260.27 feet to a found 1” pipe; thence N87°55’23”W at a distance of 368.75 feet to a found rebar and cap marked “FMG Inc. LS SD 6119”, which is the W1/4 of Section 33; thence N02°16’28”E at a distance of 549.71 feet to the true point of beginning, located at 603 and 620 North 44th Street.

 

Growth Management Department Items

 

67.              Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sidewalks along Monte Vista Drive as they abut Lot 9 through 10 less the south 25' of Lot 3 of Block 3, Schamber Subdivision, located in the NE1/4NW1/4 of Section 9, TIN, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2019 and 2021 Monte Vista Drive. (09EX101)

 

68.              No. 09EX101 – 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. (Continued from September 21, 2009 City Council.)

 

69.              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.

 

70.              No. 09PL056 - A request by Renner & Associates for Greg Lester for a Layout Plat on Lots 1 thru 3 of Block 1 Lester Subdivison, located in the SE1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot G of Lot 2 of the SE1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1714 Creek Drive.

 

Legal & Finance Committee Items

 

71.              No. LF093009-19 – Authorize the Mayor and Finance Officer to sign Tax Increment District Financing Developer’s Agreement with Cabela’s.

 

Public Works Committee Items

 

72.              No. 09VE013 – Approve with stipulations a request by CETEC Engineering for Uppercrust Landscape Co. to consider an application for a Vacation of a portion of a Minor Drainage and Utility Easement on Lot 1 of Shopko Addition, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1825 Haines Avenue. 

 

73.              No. 09VE014 – Approve with stipulations a request by Centerline for Olsen Development Company to consider an application for a Vacation of a Major Drainage Easement on the balance of Windemere Subdivision and Block 5 of Windmere Subdivision, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located west side of Meadow Lane south of Twilight Drive and north of Weathervane Lane. 

 

74.              No. 09VE015 – Approve with stipulations 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. 

 

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

 

76.              No. PW092909-06 – Request for Authorization to Seek Proposals for Engineering Services for St. Patrick Street Siphon Odor Control Facility, Project No. SS09-1825 / CIP No. 50774.  Estimated design and construction costs:  $700,000.00. 

 

Bids

 

77.              No. CC100509-02.1 – City of Rapid City PETT Building – Phase 3 (Opened September 29, 2009)

 

78.              No. CC100509-02.2 – Downtown Alley Reconstruction Project No. ST09-1821 / CIP No. 50379 (Opened September 29, 2009)

 

79.              No. CC100509-02.3 – 5th Street Pedestrian Crossing at Rapid City Regional Hospital No. ST08-1764 / CIP No. 50750 (Opened September 29, 2009)

 

80.              No. CC100509-02.4 – Rapid River Subdivision Sanitary Sewer Extension Project No. SS06-1587 / CIP No. 50653 (Opened September 29, 2009)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

81.              No. CC100509-04 - Status of publishing and distribution of the adopted anti-retaliation policy, Aldermen Kooiker and Weifenbach

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

82.              No. CC100509-03 – Vision 2012 Update

 

Appeals

 

DARB

 

License application appeals

 

Sign Code Appeals

 

Other Appeals Heard by the Council

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 83 – 108

 

Open Public Hearing (comment) -- Items 83 – 108

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 83 – 86

 

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

 

Continue the following items until October 19, 2009:

 

83.              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.

 

84.              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 November 2, 2009

 

85.              No. 07SV057 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 12 of Block 1,  Lots 1 thru 7 of Block 2,  Lots 1 thru 4 of Block 3,  Lots 1 thru 15 of Block 4, and  Lots 1 thru 31 of Block 5 of Hyland Crossing Subdivision and the Dedicated Right-of-way, located in the  W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Dreamscape Drive.

 

86.              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 83 – 108

 

CONSENT PUBLIC HEARING ITEMS – Item 87 – 96

 

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

 

Growth Management Items

 

87.              No. 09SV019 - A request by D.C. Scott Co. Land Surveyors for a Variance to the Subdivision Regulations to allow platting half of right-of-way and 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.

 

Alcohol Licenses

 

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

 

89.              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, 2010

 

90.              Red Carpet Events, 2200 Maple Avenue, for a Retail (on-off sale) Malt Beverage License (No Video Lottery) (Continued from September 21, 2009 City Council)

 

91.              Lisa Holbrook DBA The Beanery, 201 Main Street, for a Retail (on-off sale) Malt Beverage License (No Video Lottery) (Continued from September 21, 2009 City Council)

 

92.              Lisa Holbrook DBA The Beanery, 201 Main Street, for a Retail (on-off sale) Wine License (Continued from September 21, 2009 City Council)

 

93.              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 and 21, 2009 City Council)

 

94.              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, August 3, and September 8, 2009 City Council)

 

95.              LaMore Restaurant Group Inc. DBA Denny’s, 2206 N LaCrosse St. for a Retail (on-off sale) Wine License (Continued from July 20, August 3, and September 8, 2009 City Council)

 

Assessment Rolls

 

96.              No. LF090209-17 - Resolution Levying Assessment for Cleanup of Miscellaneous Properties

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 97 – 108

 

97.              No. LF091609-26 - Public Hearing for the Resolution of Intent to Enter into Lease of Land with Soccer Rapid City Pursuant to SDCL 9-12.5.2. 

 

98.              No. LF091609-27 - Public Hearing for Resolution of Intent to Enter into Lease of Land with The Alliance of Tribal Tourism Advocates. 

 

99.              No. LF093009-20 – Authorize the Mayor and Finance Officer to sign Lease Agreement between City of Rapid City and Soccer Rapid City.    

 

100.          No. LF093009-21 – Authorize the Mayor and Finance Officer to sign Lease Agreement between the City of Rapid City and The Alliance of Tribal Tourism Advocates 

 

101.          No. 09CA012 - A request by City of Rapid City for a 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.

 

102.          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.

 

103.          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.

 

104.          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.

 

105.          No. 09RZ036 – Second Reading, Ordinance No. 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 on 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.

 

106.          No. 09CA018 - A request by Glen A. Elshire for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Commercial with a Planned Commercial Development to Light Industrial with a Planned Industrial Development on 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.

 

107.          Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, water and sewer along S.D. Highway 44 and to install sewer along Elkhart Road, Kenosha Road and Canterberry Road as they abut 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. (09SV014)

 

108.          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.

 

BILLS

 

109.          No. CC100509-01 – Bill List for October 5, 2009

 

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

 

STAFF DIRECTION

 

ADJOURN