AGENDA FOR THE CITY COUNCIL
ROLL CALL AND DETERMINATION
OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
APPROVE MINUTES for
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
1 – 89
Public Comment opened – Items 1 – 72
Public Comment closed
CONSENT ITEMS – Items 1 – 66
Remove Items from the “Consent Items”
and Vote on Remaining Consent Items
Vacations of Right-Of-Way Set for Hearing (
1.
No.
09VR006 - A request by Renner & Associates for South Dakota Board of Regents
for a Vacation of Section Line Highway of the Section Line right-of-way located adjacent to the
SW1/4 of Section 27, T2N, R8E, and the NW1/4 of Section 34, T2N, R8E, BHM, Rapid
City, Pennington County, South Dakota, located at Cheyenne Boulevard.
2.
No.
09VR007 - A request by FMG, Inc. for Horst Properties, LLC for a Vacation of
Right-of-way of a 20 foot wide section of Rand Road right-of-way adjacent
to Lot B of Tract F of Deadwood Avenue Tract and Lot C of Fowler Subdivision all
located in NE¼ of NW¼ of Section 34, T2N, Range R7E, BHM, Pennington County, Rapid
City, South Dakota, Commencing at a point which is a ½” rebar marking the northeast
corner of Lot B of Tract F of Deadwood Avenue Tract located in in NE¼ of NW¼ of
Section 34, T2N, Range R7E, BHM, Pennington County, Rapid City, South Dakota which
is the point of beginning, Thence N00º15’22”E a distance of 74.44 feet to a point;
Thence S80º32’39”E a distance of 20.26 feet to a point; Thence S00º15’21”W a distance
of 71.14 feet to a point; Thence S00º05’08”E a distance of 384.52 feet to a point;
Thence S89º54’52”W a distance of 20.00 feet to a point; Thence N00º00’00”E a distance
of 385.00 feet to the point of beginning, located on that
portion of Rand Road south of Commerce Road and east of Deadwood Avenue.
Alcoholic Beverage License Applications Set for Hearing
(
3.
Bosselman,
Inc of South Dakota DBA Bosselman Travel Center, 2783 Deadwood Ave. for a Package
(off-sale) Malt Beverage and SD Farm Wine License
4.
Fancies
Flowers and Gifts Inc. DBA Fancies Flowers and Gifts,
5.
TADY
LLC DBA Sports Buzz,
6.
TADY
LLC DBA Sports Buzz,
Retail (on-off sale) Wine License Renewals
for 2010
7.
Robert
W Johnson DBA Canyon Lake Pub & Casino,
Retail (on-sale) Liquor License Renewals
for 2010
8.
Loyal
Order of Moose,
9.
Red
Rock Golf Club LLC DBA Red Rock Golf Club, 6520 Birkdale Dr. for a Retail (on-sale)
Liquor License
10.
Colonial
House Inc. DBA Colonial House,
11.
Sanfords
Grub and Pub South Dakota Inc. DBA Sanfords Grub and Pub,
12.
Fat
Boy’s Inc. DBA Fire House Brewing Co.,
13.
BDUBS
LLC DBA Buffalo Wild Wings,
14.
GS
Corp DBA Casa Re-al,
15.
Meadowood
Lounge Inc. DBA Meadowood Lounge,
16.
Shiba
Investments DBA Radisson,
17.
Kelly’s
Sports Lounge II Inc. DBA Kelly’s Sports II, 318-320 E. Blvd. for a Retail (on-sale)
Liquor License
18.
Rushmore
Cuisine Inc. DBA Ruby Tuesday,
19.
Kurylas
Inc. DBA Imperial Inn,
20.
Gab
Denk Kwak DBA Hana Restaurant,
21.
Oasis
Lounge Inc. DBA Oasis Lounge,
22.
Rapid
City Elks Club DBA Elks Lodge #1187, 3333 E 39th
23.
GMRI
Inc. DBA Red Lobster #0460, 120 Disk Dr. for a Retail (on-sale) Liquor License
24.
GMRI
Inc. DBA The Olive Garden Italian Restaurant,
Package (off-sale) Liquor License Renewals
for 2010
25.
Sam’s
West Inc. DBA Sam’s Club,
26.
B
& L Inc. DBA Boyds Liquor Mart,
27.
B
& L Inc. DBA Boyds Liquor Mart,
28.
Mills
Drug Inc. DBA Boyds Liquor Mart,
29.
Fat
Boy’s Inc. DBA Firehouse Brewing Co.,
Public Works Committee Consent Items
30.
Acknowledge the Report on Traffic Signal at Founder's
31.
No.
PW102709-01 – Authorize Staff to Advertise for Bids for
32.
Authorize
Mayor and Finance Officer to Sign No. PW102709-02,
No. PW102709-03. And No.
PW102709-04. No. PW102709-02 –
Agreement with U.S. Department of Homeland Security, FEMA, to submit all data
and documentation to comply with 44 CRF 65.10 in accrediting the Sheridan Lake
Drive Levee. No. PW102709-03 – Agreement
with U.S. Department of Homeland Security, FEMA, to submit all data and documentation
to comply with 44 CRF 65.10 in accrediting the Railroad-Maple Street Levee.
No. PW102709-04 – Agreement with U.S. Department of Homeland Security,
FEMA, to submit all data and documentation to comply with 44 CRF 65.10 in accrediting
the St. Patrick Street Levee.
33.
No.
PW102709-05 – Authorize Mayor and Finance Officer to Sign Amendment No.
1 to the Agreement between the City of Rapid City and the SD Department of Transportation
for the acquisition of highway right of way for project NH 2016(17)64,
34.
No.
PW102709-06 – Authorize Mayor and Finance Officer to Sign Amendment No.
1 to the Agreement between the City of Rapid City and
35.
No.
PW102709-07 – Authorize Mayor and Finance Officer to Sign a Covenant Agreement
between the City of Rapid City and Daene and Jamie Boomsma regarding their on-site
waste water system.
36.
No.
PW102709-08 – Authorize Mayor and Finance Officer to Sign a Professional
Services Agreement with FMG, Inc. for the
37.
No.
PW102709-09 – Authorize Staff to seek Proposals for Engineering Services
for Levee Certification, Project No. DR09-1840 / CIP No. 50756. Estimated
Cost: $50,000.
38.
No.
09RD005 - Approve
a request by City of Rapid City to
consider an application for a Resolution for a
Road Name Change renaming a portion of Century Road to Utica Street on
Century Road right-of-way abutting that portion of Tract
1 of Century 21 Subdivision lying north of Lot H1 of Tract 1 of Century 21 Subdivision,
located in the NW1/4 of Section 32, T2N, R8E, and in the SW1/4 of Section 29,
T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally
described as being located Century Road north of
the intersection of E. Anamosa Street and Century Road.
Legal & Finance Committee Consent Items
39.
Acknowledge
the report by Jim Keck of Black Hills Power and Light regarding their 2009 rate
increase request.
40.
No.
LF101409-20 - Recommend to the Chamber of Commerce to bring their request
on the length of term of office for Mayor and Council back to the City Council
as an initiative.
41.
No.
LF102809-02 - Deny Behavior Management Systems’ request to auction the
right to name a street at the Festival of Trees.
42.
No.
LF102809-25 – Confirm appointment of Pat Wyss and
43.
No.
LF102809-03 – Acknowledge Capital Improvements Program Committee monthly
update for October 2009.
44.
No.
LF102809-04 – Approve the Capital Plan for Streets, Drainage, MIP Projects
for October 2009.
45.
No.
LF102809-05 – Authorize proceeding with the CSAC roof repair for a total
of $353,000 with $163,000 from CIP Government Buildings Roof Repair and the remainder
from the balance in the CIP fund, submit a bill to schools once complete and bring
forward a recommendation in 2010 to replace the funds.
46.
Acknowledge
report from Jim Preston regarding 2010 budget increases for utilities.
47.
No.
LF102809-06 – Approve Event Permit for Veterans Day Parade.
48.
No.
LF102809-07 – Approve Event Permit for New Year’s Eve Ball Drop.
49.
No.
LF102809-08 – Approve Event Permit for Four Front Design Open House.
50.
No.
LF102809-09 – Approve Resolution to Establish Additional Staffing in the
Police Department.
51.
No.
LF102809-10 – Approve Travel Request for Chief Mark Rohlfing to attend
Fire Chiefs meeting in
52.
No.
LF102809-11 – Approve Travel Request for Rodney Seals to attend ARFF Basic
Course in Salt Lake City, UT, December 6-11, 2009, in the approximate amount of
$2,663.85.
53.
No.
LF102809-23 – Authorize Mayor and Finance Officer to sign Funding Supplement from Education Account #3208
in an amount not to exceed $6,049.48 to the Development Services Center Budget
#0204 for the expenditures to fund the Mechanical Education Training.
54.
No.
LF102809-12 – Approve Resolution No. 2009-134 Giving Approval to Certain
Improvements to the Facilities of Its Wastewater Collection, Treatment and Disposal
System; Giving Approval to the Issuance and Sale of a Revenue Bond to Finance,
Directly or Indirectly, the Improvements to the System; Approving the Form of
the Loan Agreement and the Revenue Bond and Pledging Certain Revenues and Collateral
to Secure the Payment of the Revenue Bond; and Creating Special Funds and Accounts
for the Administration of Funds for Operation of the System and Retirement of
the Revenue Bond.
55.
No.
LF102809-13 – Approve Resolution Approving and Authorizing the Execution
of a Lease Agreement and related documents and certificates for ten garbage trucks.
56.
No.
LF102809-14 – Approve DOT Policy Revisions and authorize Mayor and Finance
Officer to sign Certification Statement.
57.
No.
LF102809-15 – Approve Resolution No. 2009-133 Declaring Property Surplus.
58.
No.
LF102809-24 – Approve Resolution No. 2009-143 Cancelling Checks or Warrants
Not Presented for Payment Within One Year of Date of Issuance.
59.
No.
LF102809-16 – Authorize Mayor and Finance Officer to sign Agreement with
Alphavideo for Council Chambers project.
60.
No.
LF102809-17 – Approve Resolution (No. 2009-142) to Establish Funding for
City of
61.
No.
LF102809-18 – Authorize Mayor and Finance Officer to sign Local Governing
Body approval letter for Teton Coalition Inc., for the construction of six homes
for low-income families.
62.
No.
LF102809-25 – Approve Travel Request for Mary Allison, Tammie Krumm, Jean Hawkinson,
Russ Tiensvold, Barb Garcia, KeithL’Esperance, Mike Oyler, John Leahy, Dave VanCleave,
Bob Druckrey, Chip Petrik, Chris Catlette, Connie Namanny, Toni Broom, Robert
Ellis, Sean Minkel, Tim Kobes, Jerry Reichert, Rich Broderick, Tim Daly, Erin
Smith,
63.
No.
LF102809-21 – Acknowledge raffle requests from Western Dakota Tech.
64.
No.
LF102809-26 – Acknowledge raffle request from Wellspring, Inc.
Growth Management Department Consent Items
65.
No.
07PL134 – Deny Without Prejudice
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.
66.
No.
07RD007 - Deny Without Prejudice
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.
END OF CONSENT CALENDAR
CONTINUED CONSENT
ITEMS – Items
67 – 72
Remove Items from the “Continued Consent
Items” and Vote on Remaining Continued Consent Items
Continue the following items until
November 16, 2009:
67.
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 of Rushmore
Business Park, 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.
68.
No.
08PL145 - A request by Sperlich Consulting, Inc. for Ronald Shape for
a Preliminary
Plat on Lot 13 of Block 6, Lots 2 thru
11 of Block 7, Lots 2 thru 11 of Block 8 of Homestead Subdivision, located in
a portion of the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington
County, South Dakota, legally described as a portion of the SE1/4 of the NE1/4, Section 3, T1N,
R8E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern terminus of Homestead Street and north
of Carl Avenue.
69.
No.
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.
70.
No.
09PL047 - A request by Centerline, Inc. for
71.
No.
09PL061 - A request by Fisk Land Surveying & Consulting Engineers for Hewey
Clemmons for a Layout and Preliminary Plat on Lots A and B of Clemmons Addition, located in the S1/2
SW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally
described as a portion of the balance of Lot 3
of the S½SW¼, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, as shown
on the plat recorded on October 1, 1963 and filed in “Plat File N”; Beginning
at the northeast corner of said balance of Lot 3, said point being located along
the north-south quarter section line and also along the southerly edge of the
adjoining railroad right-of-way; thence, southerly along said quarter section
line, S00º04’53”W a distance of 1,050.36 feet, more or less; thence, N63º41’40”W
a distance of 205.00 feet, more or less; thence, N84º39‘26”W a distance of 270.00
feet, more or less; thence, N33º30’20”W a distance of 84.00 feet, more or less;
thence, N00º00’00”W a distance of 796.70 feet, more or less; thence, N57º23’22”W
a distance of 117.40 feet, more or less; thence, N03º48’46”E a distance of 95.00
feet, more or less; thence, N12º39’32”W a distance of 150.00 feet more or less
to a point on the north line of said Lot 3; thence, easterly along the north line
of said Lot 3, S89º55’53”E a distance of 168.93 feet more or less to a point on
the southerly line of the adjoining railroad right-of-way; thence, southeasterly
along the southerly edge of the adjoining right-of-way, curving to the left on
a curve with a radius of 5907.9 feet, a delta of 04º17’31”, an arc length of 442.55
feet, and a chord bearing and distance of S62º19’02”E 442.44 feet, more or less;
thence, continuing southeasterly along the southerly edge of the adjoining right-of-way,
S64º32’29”E a distance of 72.19 feet more or less, to the point of beginning,
located at 6299 East Highway 44.
Continue the following items until
December 7, 2009:
72.
No.
09PL040 - A request by Centerline, Inc. for Lazy P-6 Land Co., Inc. for
a Layout
Plat on Lot 1 in Block 1 and Lots 1
thru 4 in Block 2 of ____________ Subdivision, located in the W1/2 SW1/4 of Section
19, T1N, R8E and E1/2 SE1/4 of Section 24, T1N, R7E all located in BHM, Pennington
County, South Dakota, legally described as a parcel of land located in the W1/2 SW1/4 of Section
19, T1N, R8E and E1/2 SE1/4 of Section 24, T1N, R7E all located in BHM, Pennington
County, South Dakota, located at the southeast
corner of the intersection of Fifth Street and Catron Boulevard.
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS – Items 73 – 89
Public Comment opened – Items 73 – 89
Public Comment closed
Ordinances
73.
No.
09RZ044 – First Reading, Ordinance 5553,
An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal
Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from
No Use District to Mobile Home Residential District of Lot 70 of Melody Acres No. 2, Section 9, T1N, R8E, BHM,
Rapid City, Pennington County, South Dakota, located at 2850 Terra Street - East of Valley Drive.
74.
No.
09RZ046 – First Reading, Ordinance 5554,
An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal
Code, Rezoning the within Described Propety as requested by City of Rapid City for a Rezoning from No Use District to Low Density
Residential District of Tract B of Jepsen
Subdivision, Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota,
located at 3033 South Valley Drive.
75.
No.
09RZ047 - First Reading, Ordinance 5555,
An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal
Code, Rezoning the within Described Propety as requested by City of Rapid City for a Rezoning from No Use District to Low Density
Residential District of Lot A of Lot
5, Lot 7 and a portion of Lots 5 and 6 of the SW1/4 NW1/4, all located in Section
9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located
at 2819 and 2826 Garden Lane.
76.
No.
09RZ048 - First Reading, Ordinance 5556,
An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal
Code, Rezoning the within Described Propety as requested by Dream Design International, Inc. for a Rezoning from
General Agriculture District to General Commercial District of a portion of Tract C of Rushmore Center, located in the
E½ of the SE¼, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South
Dakota, more fully described as follows: commencing at the northwesterly corner
of Tract C of Rushmore Center, common to a corner on the southerly boundary of
Tract A of Block 2 of Rushmore Crossing, and the point of beginning, Thence first
course: S60º50’50”E, along the northerly boundary of said Tract C, common to the
southerly boundary of said Tract A, a distance of 306.52 feet to the southeasterly
corner of said Tract A, common to the southwesterly corner of Tract B of Block
2 of Rushmore Crossing; Thence, second course: S60º50’50”E, along the northerly
boundary of said Tract C, common to the southerly boundary of said Tract B, a
distance of 471.28 feet; Thence, third course: S50º54’28”W, distance of 950.41,
to a point on the westerly edge of Luna Avenue right-of-way; Thence, fourth course:
N01º57’56”E, along the westerly edge of said Luna Avenue right-of-way, distance
of 19.99 feet; Thence, fifth course: curving to the left, along westerly edge
of said Luna Avenue right-of-way, on a curve with a radius of 1970.00 feet, a
delta angle of 01º48’09”, a length of 61.97 feet, a chord bearing of N01º03’52”E,
and chord distance of 61.97 feet; Thence, sixth course: N00º09’48”E, along the
westerly edge of said Luna Avenue right-of-way, distance of 816.92 feet; Thence,
seventh course: curving to the left, along westerly edge of said Luna Avenue right-of-way,
on a curve with a radius of 476.00 feet, a delta angle of 03º25’22”, a length
of 28.44 feet, a chord bearing of N01º32’53”W, and chord distance of 28.43 feet;
Thence, eighth course: N86º44’26”E, distance of 60.00 feet, to a point on the
westerly boundary of said Tract C, common to a point on the easterly edge of said
Luna Avenue right-of-way; Thence ninth course: curving to the left, along the
westerly boundary of said Tract C, common to the easterly edge of said Luna Avenue
right-of-way, on a curve with a radius of 536.00 feet, a delta angle of 05º10’30”,
a length of 48.41 feet, a chord bearing of N05º50’50”W, and chord distance of
48.40 feet, to the point of beginning, located at 1520
Luna Avenue.
77.
No.
09RZ049 - First Reading, Ordinance 5557,
An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal
Code, Rezoning the within Described Propety as requested by James L. Scull, Jr. for a Rezoning from General Commercial District
to Light Industrial District of Lot 1 of Block 2 of Hilltop Business Park Subdivision, located in the SE1/4
NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota,
located at 925 Elk Vale Road.
78.
No. LF040109-24A –
First Reading, Ordinance No. 5501, An Ordinance to Prohibit the Feeding of Wildlife
and Waterfowl in the City of Rapid City by Establishing Chapter 6.16 of the Rapid
City Municipal Code.
79.
No.
LF101409-11 – Second 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.
Growth Management Department Items
80.
Authorize
the Mayor and Finance Officer to sign the waiver of right to protest a future
assessment for the installation of a concrete sidewalk along Maple Avenue as it
abut Lots 14, 15 and 16 of Block 3 of Park Addition, Section 1, T1N, R7E, BHM,
Rapid City, Pennington County, South Dakota, located along Maple Avenue. (09PD019)
81.
No.
09PL060 - A request by Renner & Associates for Black Hills Workshop
for a Layout
Plat on Lots A & B of Lot 22R of
Block 18 of North Rapid Addition, located in the S1/2 of the NW1/4, Section 36,
T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described
as Lot 22R of Block 18 of North Rapid Addition,
located in the S1/2 of the NW1/4, Section 36, T2N, R7E, BHM, Rapid City, Pennington
County, South Dakota, located at 702 Allen Avenue.
82.
No.
09PL063 - A request by Lund Associates, Ltd. For Pennington County Housing
for a Preliminary
Plat on Lot A of Blakes Addition, located
in the SW1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South
Dakota, legally described as Lots 21 thru 24, 25 thru 30, 31 thru 34 and 40 feet of East St. Louis Street
between Racine Street and LaCrosse Street of Blakes Addition, located in the SW1/4
of Section 31, T2N, R8E, BHM, Rapid City, Penningtond County, South Dakota,
located at 101 and 115 Lacrosse Street.
Legal & Finance Committee Items
83.
No.
LF102809-01 – A request from Destination Rapid City & Rapid City Convention
and Visitors Bureau’s to change ordinance for special parking downtown to accommodate
motorcoaches and/or recreation vehicles.
84.
No.
LF102809-22 – Approve allocation of FY2010 Subsidy Funds for humanities
portion.
85.
No.
LF101409-17 – Authorize the Mayor and Finance Officer to sign First Addendum
to the Master Development Agreement with St. Joe Investment Group, LLC.
86.
No.
LF102809-19 – Authorize the Mayor and Finance Officer to sign Agreement
by and between the Fraternal Order of Police South Dakota Lodge, #2A and the City
of
87.
No.
LF102809-20 – Authorize Mayor and Finance Officer to sign Sewer Service
Agreement Between TerraCotta Estates Homeowners Association and the City of
Public Works Committee Items (None)
Bids
88.
No.
CC110209-02.1 – Ten (10) New Current Model Year Automated Side Loading
Refuse Collection Trucks for Solid Waste Division (Opened
Mayor’s Items
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
89.
No.
CC110209-03 - Vision 2012 Update
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS
– Items 90 – 109
Open Public Hearing (comment) -- Items 90 – 109
CONTINUED PUBLIC HEARING
CONSENT ITEMS – Items 90 – 96
Remove Items from the “Continued Public
Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent
Items
Continue the following items until
November 16, 2009:
90.
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 of Rushmore Business Park, 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.
91.
No.
09CA025 - A request by James Hoag for Hoag Land Co., - West Central Mfg.
for an Amendment
to the Adopted Comprehensive Plan to change the land use designation from Residential
to Business Park with a Planned Commercial Development on 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.
92.
No.
09RZ042 - A request by James Hoag for Hoag Land Co., - West Central Mfg.
for a Rezoning
from General Commercial District to Business Park District on 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.
93.
No.
09RZ043 - A request by City of Rapid City for a Rezoning from No Use District to Low Density
Residential District on 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.
94.
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.
95.
No.
09SV020 - A request by Fisk Land Surveying & Consulting Engineers for Hewey
Clemmons for a Variance to the Subdivision Regulations to waive the
requirement to install curb, gutter, sidewalk, street light conduit, water, sewer
and pavement and to reduce the street surface width from 24 feet to 18 and 10
feet, respectively, as per Chapter 16.16 of the Rapid City Municipal Code
on Lots A and B of Clemmons Addition, located
in the S1/2 SW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota,
legally described as a portion of the balance of Lot 3 of the S½SW¼, Section 14, T1N, R8E, BHM,
Pennington County, South Dakota, as shown on the plat recorded on October 1, 1963
and filed in “Plat File N”; Beginning at the northeast corner of said balance
of Lot 3, said point being located along the north-south quarter section line
and also along the southerly edge of the adjoining railroad right-of-way; thence,
southerly along said quarter section line, S00º04’53”W a distance of 1,050.36
feet, more or less; thence, N63º41’40”W a distance of 205.00 feet, more or less;
thence, N84º39‘26”W a distance of 270.00 feet, more or less; thence, N33º30’20”W
a distance of 84.00 feet, more or less; thence, N00º00’00”W a distance of 796.70
feet, more or less; thence, N57º23’22”W a distance of 117.40 feet, more or less;
thence, N03º48’46”E a distance of 95.00 feet, more or less; thence, N12º39’32”W
a distance of 150.00 feet more or less to a point on the north line of said Lot
3; thence, easterly along the north line of said Lot 3, S89º55’53”E a distance
of 168.93 feet more or less to a point on the southerly line of the adjoining
railroad right-of-way; thence, southeasterly along the southerly edge of the adjoining
right-of-way, curving to the left on a curve with a radius of 5907.9 feet, a delta
of 04º17’31”, an arc length of 442.55 feet, and a chord bearing and distance of
S62º19’02”E 442.44 feet, more or less; thence, continuing southeasterly along
the southerly edge of the adjoining right-of-way, S64º32’29”E a distance of 72.19
feet more or less, to the point of beginning, located at 6299 East Highway 44.
Continue the following items until
December 7, 2009:
96.
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 90 – 109
CONSENT PUBLIC HEARING
ITEMS – Item 97
– 107
Remove Items from the “Consent Public
Hearing Items” and Vote on Remaining Consent Items
Growth Management Items
97.
No.
07SV057 - Deny Without Prejudice
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.
98.
No. 09TI002 - Approve 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.
99.
No.
09TP027 – Authorize Mayor and Finance Officer to sign the 2009 Unified
Planning Work Program Amendment 2009-03.
100.
No.
09TP028 – Authorize Mayor and Finance Officer to sign the 2010 Transportation
Planning Process Agreement between the City of Rapid City and the South Dakota
Department of Transportation in the amount of $533,464.
101.
No.
09TP029 – Authorize Mayor and Finance Officer to sign the Time Extension
of the 2009 Agreement between the City of Rapid City and the City of Box Elder
for Accomplishing the Rapid City Area Transportation Planning Process.
102.
No.
09TP030 – Authorize Mayor and Finance Officer to sign the Time Extension
of the 2009 Agreement between the City of Rapid City and Meade County for Accomplishing
the Rapid City Area Transportation Planning Process.
Alcohol Licenses
103.
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.
104.
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, September 8 and October 5, 2009 City
Council)
105.
LaMore
Restaurant Group Inc. DBA Denny’s,
106.
Red
Carpet Events,
Assessment Rolls
107.
No.
LF093009-11 - 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 108 – 109
108.
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.
109.
No.
09RZ036 – Second 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 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.
BILLS
110.
No.
CC110209-01 – Bill List for
EXECUTIVE SESSION for the purposes permitted by SDCL
STAFF DIRECTION
ADJOURN