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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 19, 2009

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for October 5, 2009

 

AWARDS AND RECOGNITIONS

 

1.                  Veteran of the Month

 

2.                  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 3 - 63

 

Public Comment opened – Items 3 - 49

Public Comment closed

 

CONSENT ITEMS – Items 3 - 49

 

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 (November 2, 2009)

 

3.                  MG Oil Company DBA Happy Jacks Rushmore, 2201 Mt. Rushmore Rd., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery TRANSFER from Ken Ben, Inc. DBA 8th Street Lounge, 2201 Mt. Rushmore Rd.

 

Public Works Committee Consent Items

 

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

 

5.                  Acknowledge the presentation on projects receiving funding from the Opportunity Capture Fund by Mayor Alan Hanks.    

6.                  No. PW101309-01 – Approve Change Order No. 1F to Mainline Contracting, Inc. for the South Street Sanitary Sewer Extension, Project No. SS08-1775 / CIP No. 50755, for a decrease of $3,533.17. 

 

7.                  No. PW101309-02 – Approve Change Order No. 1F to Hills Materials Company for the Street Rehabilitation Project – Mahoney, Dakota Ridge, W. Omaha & Hall Street Areas, Project No. ST09-1799 / CIP No. 50549, for a decrease of $10,111.16. 

 

8.                  No. PW101309-03 – Approve Change Order No. 1F to Mainline Contracting, Inc. for the Elk Vale Road Sanitary Trunk Sewer Extension – Phase 2, Project No. SS08-1729 / CIP No. 50726, for a decrease of $26,207.41.

 

9.                  No. PW101309-04 – Approve Change Order No. 1F to Simon Contractors of SD, Inc. for the Street Rehabilitation Project – Copperfield Drive Area, Project No. ST09-1798 / CIP No. 50549, for an increase of $4,931.30.

 

10.              No. PW101309-05 – Approve Change Order No. 1F to Mainline Contracting, Inc. for the Locust Street & Fairmont Boulevard Water Main Reconstruction, Project No. W09-1813 / CIP No. 50766, for an increase of $173.15. 

 

11.              No. PW101309-06 – Authorize Staff to Advertise for Bids for Equipment Rental Rates for Snow Removal Operations, Estimated Cost of Project:  $50,000. 

 

12.              No. PW101309-07 – Authorize Staff to Advertise for Bids for Catron Boulevard/Highway 16B Sanitary Sewer Extension, Project No. SS09-1782 / CIP No. 50396.  Estimated Cost of Project:  $950,000.00. 

 

13.              No. PW101309-16 – Authorize Staff to Advertise for Bids for Snow Removal Operations for the City Parking Lots and Ramp, Estimated Cost of Project:  $30,000.00.

 

14.              No. PW101309-08 – Authorize Mayor and Finance Officer to Sign an Amendment to Lease between the City of Rapid City and Jefferson Partners, L.P., dated April 1, 2008. 

 

15.              No. PW101309-09 – Authorize Mayor and Finance Officer to Sign a Funding Agreement between the City of Rapid City and the SD Department of Transportation for the St. Joseph Street Landscaping Project, Project No. ST09-1818 / CIP No. 50771, for reimbursement to the City up to $250,000.00. 

 

16.              No. PW101309-10 – Authorize Mayor and Finance Officer to Sign an Agreement between the SD Department of Transportation and the City of Rapid City – Snowplowing Activities. 

 

17.              No. PW101309-11 – Authorize Mayor and Finance Officer to Sign a Memorandum of Understanding between the Pennington County Highway Department and the City of Rapid City – Exchange of Snow Routes.

 

18.              No. PW101309-12 – Approve the recommendation to construct an ADA compliant crosswalk at the south side of Oakland Street across 5th Street with enhanced street lighting and sending this to the CIP Committee for funding.

 

19.              No. PW101309-13 – Approve Resolution Establishing Time and Place for Hearing on Assessment Roll for the Block 110 Original Townsite Sanitary Sewer Extension, East Boulevard Area (Kansas City Street to Quincy Street), Project No. SS08-1752 / CIP No. 50742. 

 

20.              No. PW101309-14 – Authorize Staff to Purchase One 2010 Chevrolet Tahoe for Rapid Transit Support Vehicle from State Contract, #24745, from Beck Motors, Pierre, SD.  Vehicle is budgeted item and will be paid for 100% from FTA.  Cost of Vehicle:  $26,523.00.

 

21.              No. 09VE016 - NWE Subdivision – Approve a request by Ferber Engineering Company, Inc. for South Dakota Game Fish and Parks to consider an application for a Vacation of a Major Drainage Easement on Lot 2 of NWE Subdivision located in the NW1/4 SW1/4 and the S1/2 NW1/4, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4130 Dean Lane.

 

22.              No. 09TP026 – Approve the Final 2010 Unified Planning Work Program for the Rapid City Area Metropolitan Planning Organization.

 

23.              No. PW101309-15 – Authorize Bill Freytag to prepare an H-Lot located in a portion of Lot 1R of Block 1 of Tyler Knue Subdivision, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota and authorize acceptance of the deed.

 

Legal & Finance Committee Consent Items

 

24.              No. LF101409-02 – Authorize Mayor and Finance Officer to sign Memorandum of Agreement between the City of Rapid City and Western Resources for dis-ABLED Independence.   

 

25.              Acknowledge the report by Mayor Hanks on projects receiving funding from the Opportunity Capture Fund. 

 

26.              Request staff to review the existing ordinances relating to licensing of dogs and cats and to work with the Humane Society on making amendments to those ordinances.   

 

27.              Change the Legal and Finance Committee meeting scheduled for November 11, 2009, to November 10, 2009, following the Public Works Committee meeting.   

 

28.              No. LF093009-05 – Acknowledge the withdrawal of the Event Permit for Regional Health for free parking November 17, 2009

 

29.              No. LF101409-04 – Approve Travel Request for Ray Cornford to attend Training and Conference for CALEA Accreditation in Salt Lake City, UT, November 17-22, 2009, in the approximate amount of $1,489.   

 

30.              No. LF101409-05 – Authorize staff to accept grant from South Dakota Hazardous Materials Emergency Preparedness for hazardous materials training equipment in the approximate amount of $11,643.81.   

 

31.              Authorize staff to apply for the 2009 Fire Prevention and Safety Grant.   

 

32.              No. LF101409-06 – Approve Travel Request for Denise Rossum, Lori Culbertson-Clark, Sandy Dempsey, and Carol Siemonsma to Take National Academy of Ambulance Coding On-Line Course in the approximate amount of $4,380.

 

33.              No. LF101409-07 – Approve Travel Request for Growth Management staff Mary Bosworth, Project Engineer; Ted Johnson, Project Engineer; and Larry Noble, Sr., Engineering Tech; and Public Works staff Klare Schroeder, Project Engineer; Keith Johnson, Project Administrator; Todd Peckosh, Project Engineer; Louie Arguello, Project Administrator; Ed Klueber, Project Administrator; and Dennis Wilaby, Sr., Engineering Tech to attend the Full Course Erosion and Sediment Control Training on November 16-17, 2009 (travel dates 11/15/09-11/17/09) and for Public Works staff Mike Wilkening, Sr. Engineering Tech to attend the Erosion and Sediment Control Recertification on November 18, 2009 (travel dates 11/17/09-11/18/09) in Pierre, South Dakota in an estimated amount of $3,907.24. 

 

34.              Acknowledge the following volunteers for workmen’s compensation purposes:  Jason Fuentes, Olha Petrenko, Maha Albayayda, Forrest American Horse, Gian Laurenti, Ally Thompson.   

 

35.              No. LF101409-08 – Approve Resolution No. 2009-132 Declaring Property Surplus. 

 

36.              No. LF101409-10 – Authorize Mayor and Finance Officer to sign Amendment No. 1 to Agreement No. 713770 Between the South Dakota Department of Transportation and the City of Rapid City for Greenway Pedestrian and Bike Path Extension Project EM8052(59) PCN 010E.   

 

37.              No. LF101409-12 – Authorize Mayor and Finance Officer to sign Amended Agreement between City of Rapid City and Doeck, LLC for Completion of Subdivision Improvements.   

 

38.              No. LF101409-13 – Authorize Mayor and Finance Officer to sign Contract for Private Development Tax Increment District No. 67 between Doeck, LLC and the City of Rapid City.   

 

39.              No. LF101409-14 – Authorize Mayor and Finance Officer to sign Agreement between the City of Rapid City and Walgar Development Corporation for Acceptance of Public Improvements before the Completion of Sidewalks. 

 

40.              No. LF101409-15 – Authorize Mayor and Finance Officer to sign Partial Release and Discharge of Agreement between Walgar Development Corp. and City of Rapid City.   

 

41.              No. LF101409-16 – Authorize Mayor and Finance Officer to sign Parking Agreement with Cabela’s Wholesale, Inc. 

 

42.              No. LF101409-18 – Acknowledge raffle request from Western Dakota Tech Student Government Association.   

 

43.              No. LF101409-19 – Approve abatement for Swander’s Restoration, LLC for 2008 in the amount of $15,160.56. 

 

Growth Management Department Consent Items (None)

 

END OF CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 44 - 49

 

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

 

Continue the following items until November 2, 2009:

 

44.              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.

 

45.              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.

 

46.              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.

 

47.              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.

 

Continue the following items until November 16, 2009:

 

48.              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.

 

Continue the following items until December 7, 2009:

 

49.              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.

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 50 – 63

 

Public Comment opened – Items 50 – 63

Public Comment closed

 

Ordinances

 

50.              No. 09RZ042 – First Reading, Ordinance 5551, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by James Hoag for Hoag Land Co., - West Central Mfg. for a Rezoning from General Commercial District to Business Park District of Lots 1 thru 4 of Lot H of Lot 1 of the SW1/4 SE1/4, vacated alley adjacent to said Lots 3 and 4, Lots 3 thru 9 and Lots 5 thru 8 of Lot H of Lot 1 of the SW1/4 SE1/4, Section 6, T1N, R8E, Rapid City, Pennington County, South Dakota, located at 818, 910 and 920 E. St. Andrew Street.

 

51.              No. 09RZ043 – First Reading, Ordinance 5552, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Low Density Residential District of the south 293 feet of Lot 6 of Marshall Subdivision, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Valley Drive and north of S.D. Highway 44.

 

52.              No. LF101409-11 – First Reading, Ordinance No. 5550, An Ordinance to Delegate Authority to Suspend Watering Restrictions to the Director of Public Works by Amending Section 13.04.600 of the Rapid City Municipal. 

 

53.              No. LF093009-23 – Second 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 Code.

 

Growth Management Department Items

 

54.              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.

 

Legal & Finance Committee Items

 

55.              No. LF093009-20 – Authorize the Mayor and Finance Officer to sign Lease Agreement between City of Rapid City and Soccer Rapid City. (Continued from October 5, 2009)

 

56.              No. LF093009-19 – Authorize the Mayor and Finance Officer to sign Tax Increment District Financing Developer’s Agreement with Cabela’s (Continued from October 5, 2009)

 

57.              No. LF093009-18 – Authorize Mayor and Finance Officer to sign Agreement between the City and Rapid City Economic Development Foundation, Inc. (Continued from October 5, 2009)

 

58.              No. 09TI002 - Walpole Heights Subdivision and Arches Addition – A request by FourFront Design, Inc. to consider an application for a Second Revised Project Plan for Tax Increment District #47 - Tower Road on Lot H1 of the SW1/4, Lot 1 of the SE1/4 SW1/4, the eastern most 402.4 feet of section line right-of-way in the SW1/4, all located in the SW1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; the N1/2 SE1/4 less Walpole Heights Subdivision less Lot AB of the E1/2 SE1/4 and less Fairmont Boulevard dedicated right-of-way, Lots H1 and H2 of the SE1/4, Lots B and C of the SW1/4SE1/4, Lots A and B of the SE1/4 SE1/4, Lots H3, H4, H5, H6, H7 and H8 of the E1/2 SE1/4, and all of the section line right-of-way in the SE1/4 less that portion of section line right-of-way abandoned as recorded in Miscellaneous Book 54, Page 1976, all located in the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and Lot H2 of the W1/2 SW1/4 less Lot X of the W1/2SW1/4, Lot H4 of the W1/2 SW1/4, and that portion of a 60 foot dedicated public right-of-way located between Tract 3R and 4R of Arches Addition in the SW1/4, all located in the SW1/4 of Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at Tower Road west of U.S. Highway 16.    

 

59.              No. LF093009-15 – Authorize the Mayor and Finance Officer to sign Memorandum of Understanding with the Pennington County Sheriff’s Office Regarding IT.    

 

60.              No. LF101409-09 – Authorize Mayor and Finance Officer to sign Agreement for Professional Design Services with ARC International for Project PR09-6019, Rapid City Parks Restroom Renovation Project, at a cost not to exceed $46,000.  

 

Public Works Committee Items (None)

 

Bids

 

61.              No. CC101909-02.1 – PCC Pavement Repair Tamarack Drive, Minnesota Street & 7th Street, Project No. ST09-1816 / CIP No. 50545 (Opened October 13, 2009)

 

62.              No. CC101909-02.2 – Rapid City Fire Department Fire Station 4 & 5 Siding Project (Opened October 13, 2009)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

63.              Breast Cancer Awareness Month, City Council and Mayor

 

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 64 – 88

 

Open Public Hearing (comment) -- Items 64 – 88

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 64 – 65 

 

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

 

Continue the following items until November 2, 2009:

 

64.              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.

 

65.              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.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 64 - 88 

 

CONSENT PUBLIC HEARING ITEMS – Items 66 – 83

 

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

 

Growth Management Items

 

66.              No. 09FV012 - Boulevard Addition – Deny a request by Bret Swanson to consider an application for a Fence Height Exception to allow a six foot high fence in the 25 foot front yard setback on the north 63 feet of Lots 16 thru 18 of Block 28 of Boulevard Addition, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1116 11th Street.  Bret Swanson explained the reason for the fence. 

 

67.              No. 09CA019 – Approve a request by Peter Neumann for Mills Drug, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Residential to General Commercial on Lots 17 thru 18 of Block 15 of Flormann Addition, Section 1, T1N, R7E and Lots 4 thru 6 of Block 1 of West Boulevard Addition, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 730 St. Cloud and 1424 Mount Rushmore Road.

 

68.              No. 09CA020 - Approve a request by Ferber Engineering Co., Inc. for South Dakota Game Fish and Parks for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Commercial to Public on 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.

 

69.              No. 09CA021 - Approve a request by Ferber Engineering Co., Inc. for South Dakota Game Fish and Parks for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Low Density Residential to Public on , legally described as 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 located in 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.

 

70.              No. 09CA022 - Approve a request by Ferber Engineering Co., Inc. for South Dakota Game Fish and Parks for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Commercial with a Planned Commercial Development to Public on a parcel of land located in the SE1/4 NW1/4, Section 33, T2N, R7E, BHM, more particularly described by metes and bounds commencing at the northeast corner of Lot 2 of NWE 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-654,283.81, E-1,193,289.54; thence S36°16’34”E at a distance of 306.27 feet to a rebar and cap marked “Renner 2652”; thence S36°16’12”E at a distance of 29.75 feet to the center of the Dean Lane right-of-way; thence S53°30’28”W at a distance of 241.49 feet along the center of the Dean Lane right-of-way to a point of deflection; thence S86°44’35”W at a distance of 327.67 feet along the center of the Dean Lane right-of-way to a point of deflection; thence N88°04’34”W at a distance of 133.91 feet along the center of the Dean Lane right-of-way to a point of deflection; thence N88°03’13”W at a distance of 254.19 feet along the center of the Dean Lane right-of-way to its intersection with the center of the North 40th Street right-of-way; thence N01°42’42”E at a distance of 395.82 feet to a point, which is the southeast corner of Block 1 of Tract C of Meadowwood; thence N02°13’39”E at a distance of 183.88 feet to a found rebar and cap marked “Renner 2652”; thence N02°15’37”E at a distance of 20.16 feet to the center of the Knutson Lane right-of-way; thence S87°47’16”E at a distance of 424.31 feet along the center of the Knutson Lane right-of-way to a point of deflection; thence S03°04’55”W at a distance of 19.82 feet to a found rebar and cap marked “FMG 4225”; thence S02°23’18”W at a distance of 40.05 feet to a found rebar and cap marked “FMG 4225”; thence S35°16’41”E at a distance of 242.82 feet to a found 5/8” rebar; thence N53°40’47”E at a distance of 160.21 feet to the true point of beginning, located at 4130 Dean Lane.

 

71.              No. 09CA023 - Approve a request by Ferber Engineering Co, Inc. for South Dakota Game Fish and Parks for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Office Commercial with a Planned Commercial Development to Public on a parcel of land located in SE¼ 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 NWE 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-654,277.83, E-1,192,087.69; thence S87°54’32”E at a distance of 503.66 feet to a point of deflection, which is the southeast corner of Lot 8 of Tract B of Meadowwood; thence S01°42’42”W at a distance of 395.82 feet to the intersection of the centers of the Dean Lane and North 40th Street rights-of-way; thence S01°58’09”W at a distance of 59.38 feet along the center of the North 40th Street right-of-way to a point of deflection; thence N88°15’08”W at a distance of 30.05 feet to a found rebar and cap marked “FMG 4225”; thence N87°45’28”W at a distance of 478.15 feet to a point of deflection; thence N88°01’50”W at a distance of 23.28 feet to the center of the Meadowwood Drive right-of-way; thence N02°07’57”E at a distance of 454.27 feet along the center of Meadowwood Drive right-of-way to a point of deflection; thence S87°39’05”E at a distance of 24.74 feet to the true point of beginning, located at 4130 Dean Lane.

 

72.              No. 09CA024 - Approve a request by Ferber Engineering Co, Inc. for South Dakota Game Fish and Parks for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Low Density Residential to Public on , legally described as A parcel of land located in SW¼ NW¼, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: COMMENCING at the northwest corner of Lot 2 of GFP Subdivision at 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.

 

Alcohol Licenses

 

73.              Lisa Holbrook DBA The Beanery, 201 Main Street, for a Retail (on-off sale) Malt Beverage License (No Video Lottery) (Continued from September 21 and October 5, 2009 City Council)

 

74.              Lisa Holbrook DBA The Beanery, 201 Main Street, for a Retail (on-off sale) Wine License (Continued from September 21 and October 5, 2009 City Council)

 

75.              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

 

76.              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

 

77.              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.

 

78.              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

 

79.              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

 

80.              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. #20

 

81.              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.

 

82.              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

 

83.              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.

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 84 – 88

 

84.              No. 09RZ037 – Second Reading, Ordinance 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 on , legally described as 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.

 

85.              No. 09RZ038 – Second Reading, Ordinance 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 on 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.

 

86.              No. 09RZ039 – Second Reading, Ordinance 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 on 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.

 

87.              No. 09RZ040 – Second Reading, Ordinance 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 on 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.

 

88.              No. 09RZ041 – Second Reading, Ordinance 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 on 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.

 

BILLS

 

89.              No. CC101909-01 – Bill List for October 19, 2009

 

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

 

STAFF DIRECTION

 

ADJOURN