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City Council Policies and Procedures

 

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

7:00 P.M., December 7, 2009

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for November 16, 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.

 

NON-PUBLIC HEARING ITEMS -- Items 1 – 119

 

Public Comment openedItems 1 – 95

Public Comment closed

 

CONSENT ITEMS – Items 1 – 88

 

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 (December 21, 2009)

 

1.                  Leather Unlimited, Inc. DBA Someone’s In The Kitchen, 2210 Haines Ave. for a 2010 Retail (on-off sale) Wine License

 

2.                  Black Hills Beau Jo’s LLC DBA Beau Jo’s Pizza, 2520 W Main St. for a 2010 Retail (on-off sale) Wine License

 

3.                  Black Hills Beau Jo’s LLC DBA Beau Jo’s Pizza, 2520 W Main St. for a Retail (on-off sale) Malt Beverage License

 

4.                  Charles J. Desmond DBA Ifrit’s Hookah Lounge, 725 St. Joseph St. for a 2010 Retail (on-off sale) Wine License

 

5.                  Charles J Desmond DBA Ifrit’s Hookah Lounge, 725 St. Joseph St. for a Retail (on-off sale) Malt Beverage License

 

6.                  Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for an event on January 12, 2010 at Black Hills Community Bank, 840 Mt. Rushmore Rd.

 

Retail (on-off sale) Wine License Renewals

 

7.                  S&Y Inc. DBA Golden Phoenix Restaurant, 2421 W. Main St, for a Retail (on-off sale) Wine License

 

8.                  Botticellis Ristorante Italiano Inc. DBA Botticellis Ristorante Italiano, 523 Main St. for a Retail (on-off sale) Wine License

 

9.                  Delmonico Grill Inc. DBA Delmonico Grill, 609 Main St. for a Retail (on-off sale) Wine License 

 

10.              Los Espinos LLC DBA LaCosta Mexican Restaurant, 603 Omaha St. for a Retail (on-off sale) Wine License

 

11.              Orris Enterprises Inc. DBA Vino 100, 520 7th Street #520 for a Retail (on-off sale) Wine License

 

12.              Yeung Inc. DBA Imperial Chinese Restaurant, 702 E. North Street for a Retail (on-off sale) Wine License

 

13.              Northstar Inc. DBA Hunan’s Restaurant, 1720 Mt. Rushmore Rd. for a Retail (on-off sale) Wine License

 

14.              Dan Trieu Ly DBA Golden Fortune, 1204 E North St. for a Retail (on-off sale) Wine License

 

Package (off-sale) Liquor License Renewals

 

15.              Gentner and Salter LLC DBA The Wine Rack, 5734 Sheridan Lake Rd. Ste. 202 for a Package (off-sale) Liquor License

 

16.              Lily Corp DBA Flowers By LeRoy, 2016 W Main St. for a Package (off-sale) Liquor License

 

17.              Orris Enterprises Inc. DBA Vino 100, 520 7th Street #520 for a Package (off-sale) Liquor License

 

18.              Safeway Stores 46 Inc. DBA Safeway Store #1554 , 730 Mt. View Rd. for a Package (off-sale) Liquor License

 

19.              Safeway Stores 46 Inc. DBA Safeway Store #581 , 2120 Mt. Rushmore Rd. for a Package (off-sale) Liquor License

 

20.              Nauman Flying Service Inc. DBA Autumn Hills Plaza Liquor, 5312 Sheridan Lake Rd. 103 for a Package (off-sale) Liquor License

 

Retail (on-sale) Liquor License Renewals

 

21.              Dubin Square Inc. DBA Dublin Square, 504 Mt. Rushmore Rd. for a Retail (on-sale) Liquor License

 

22.              Rushmore Plaza Civic Center Board DBA Rushmore Plaza Civic Center, 444 Mt. Rushmore Rd. for a Retail (on-sale) Liquor License

 

23.              VFW DBA Rushmore Post 1273, 420 Main St. for a Retail (on-sale) Liquor License

 

24.              Martom Management DBA Day’s Inn Lounge, 725 Jackson Blvd. for a Retail (on-sale) Liquor License

 

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

 

Public Works Committee Consent Items

 

26.              PW120109-01 – Acknowledge the report on Rapid City Trolley.    

 

27.              Direct staff to work with the DOT to review the need for a westbound left turn arrow or any other signal modification and to report back to the Public Works Committee in two weeks.                                                

 

28.              PW120109-02 – Correct the bid amount to KRM Concrete, LLC for CSAC Front Steps/ADA Ramp Improvements, Project No. GB09-1808, from $27,027.00 to $27,024.92.

 

29.              PW120109-03 – Approve Change Order No. 1F to KRM Concrete, LLC, for the CSAC Front Steps/ADA Ramp Improvements, Project No. GB09-1808, for a decrease of $720.00. 

 

30.              PW120109-04 – Approve Change Order No. 1F to Stanley J. Johnsen Concrete, Inc., for the Universal Drive Reconstruction, Project No. ST08-1701 / CIP No. 50398, for a decrease of $42,031.87. 

 

31.              PW120109-05 – Approve Change Order No. 2F to SECO Construction, Inc., for the West Main Street & Creek Drive Bridge Repairs, Project No. ST09-1800 / CIP No. 50752, for a decrease of $1,377.89. 

 

32.              PW120109-06 – Approve Change Order No. 1F to J&J Asphalt Company, for the Downtown Alleys Reconstruction, Project No. ST09-1821 / CIP No. 50379, for an increase of $2,677.98.

 

33.              PW120109-07 – Approve Change Order No. 1F to Hills Materials Company, for the Street Rehab-Alta Vista Street/St. Cloud Street, Project No. ST09-1815 / CIP No. 50549, for a decrease of $4,224.14. 

 

34.              PW120109-08 – Approve Change Order No. 2F to Mainline Contracting Inc., for the Blaine, Halley, Holcomb, E. Jackson, N. Maple Sewer Reconstruction, Project No. SS08-1711 / CIP No. 50420, for an increase of $44,567.02. 

 

35.              PW120109-09 Approve Change Order No. 1F to Heavy Constructors, Inc., for the East Philadelphia Street 16” Water Main Transmission, Project No. W09-1793 / CIP No. 50760, for an increase of $12,871.89.  

 

36.              PW120109-10 Approve Change Order No. 1 to Rangel Construction Co. LLC, for the Fire Station #7, Project No.  FD09-1767, for an increase of $2,910.67. 

 

37.              PW120109-11 Approve Change Order No. 4F to Knife River Midwest, LLC, for the East Mall Drive Connection – N. La Crosse Street to E. North Street, Project No. ST06-1334b / CIP No. 50521, for a decrease of $200,863.85. 

 

38.              PW120109-12 Approve Change Order No. 9 to Sampson Construction, for the Rushmore Plaza Civic Center Multipurpose Addition – Bid Package 2, Project No. IDP06-1555, for an increase of $52,946.00. 

 

39.              PW120109-13 – Authorize Staff to Advertise for Bids for Cold Water Meters – Estimated cost:  $145,000.00. 

 

40.              PW120109-14 – Authorize Mayor and Finance Officer to Sign Amendment No. 1 to the Agreement with Dream Design International, Inc., for the Easy Street Sanitary Sewer Extension, Project No. SS09-1829 / CIP No. 50776.  No cost time extension.

 

41.              PW120109-15 – Authorize Mayor and Finance Officer to Sign Amendment No. 2 to the Agreement with Burns & McDonnell Engineering Company, Inc., for the Water Reclamation Facility Digester Repair and Improvements-Phase II, Project No. WRF07-1549A / CIP No. 50581, for an increase of $4,778.00. 

 

42.              PW120109-16 – Authorize Mayor and Finance Officer to Sign an Agreement Between the City of Rapid City and Ferber Engineering Company, Inc., for the Jackson Springs Water Treatment Plant Survey Services, Project No. W07-1689 / CIP No. 50696, in the amount of $19,680.00.

 

43.              PW120109-17 – Authorize Mayor and Finance Officer to Sign an Agreement with Johnson Controls Inc. for Interconnection with City Ethernet between the MRF and the Energy Plant in the amount of $5,050.00.

 

44.              PW120109-18 – Authorize Mayor and Finance Officer to Sign a Utilities Certificate with SD Department of Transportation, St. Joseph Street Landscaping, Project No.  ST09-1818 / CIP No. 50771. 

 

45.              PW120109-19 – Authorize Mayor and Finance Officer to Sign a Right of Way Certificate with SD Department of Transportation, St. Joseph Street Landscaping, Project No.  ST09-1818 / CIP No. 50771.

 

46.              PW120109-20 – Authorize Mayor and Finance Officer to Sign Agreements for Voluntary Right of Way Donations (Temporary Easements), for the Anamosa Street Reconstruction, Project No. ST07-1472 / CIP No. 50519.

 

47.              PW120109-21 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to Agreement with FMG, Inc., for Geotechnical, Construction Materials and QA/QC Investigations, Project No. PW09-1787 / CIP No. 50637.  No cost time extension.

 

48.              PW120109-22 Approve Change Order No. 5 to RCS Construction, for Vickie Powers Park, Project No. PR08-6002, in the amount of $2,100.00 to install sidewalk behind restroom facility (funding included in original contract amount).

 

49.              No. 09RD003 – Approve a request by City of Rapid City for a Resolution for a Road Name Change from Menard Drive to Century Road on Menard Drive Right-of-way lying adjacent to Lots B and C of Menard Subdivision Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located lying between East North Street and North Creek Drive. (Continued from September 21 and November 16, 2009 City Council meetings)

 

Legal & Finance Committee Consent Items

 

50.              Request the Mayor to draft and sign a letter to Youth and Family Services demonstrating the City’s ongoing commitment and the Council’s intent to enter into an extended lease and stating that the delay by the City is based on the requirement that the City Council hold a public hearing. 

 

51.              No. LF101409-01 – Approve Resolution of Intent to Enter into Lease with Youth and Family Services.   

 

52.              No. LF120209-01 - Request staff to draft an ordinance amendment to Section 15.28.050 of the Rapid City Municipal Code relating to conversion of an on-premise sign to an off-premise sign and bring it to the December 16, 2009, Legal and Finance Committee meeting.

 

53.              No. LF120209-03 - Acknowledge the report regarding the 2012 process – phase 4. 

 

54.              No. LF120209-04 - Request staff to look into the U. S. Communities Government Purchasing Alliance and determine if this is something the community should be doing.   

 

55.              No. LF120209-05 – Acknowledge Capital Improvements Program Committee monthly update for November 2009.   

 

56.              No. LF120209-06 – Approve the Capital Plan for Streets, Drainage, MIP Projects for November 2009.   

 

57.              Approve funding the ADA compliant crosswalk at the south side of Oakland Street across 5th Street with enhanced street lighting in 2010 with $25,000 from Contingency Inflation for 8910 – Streets. 

 

58.              No. LF120209-07 – Approve the recommendation of the Parks and Recreation Advisory Board to fund the following projects from the Park/Recreation Facility Grant Program Fund: 1) Mary Hall Park Committee (irrigation system) $2,500; 2) RC Softball Association (retaining wall improvements) $24,899; and 3) Storybook Island, Inc. (sidewalk improvements) $12,499.   

 

59.              No. LF120209-08 – Approve $40,000 from the 2010 CIP Drainage Funds for storm water quality. 

 

60.              No. LF120209-09 – Approve Travel Request for Steve Allender and 31 various staff members to attend Annual Goals Meeting at the Rapid City Civic Center January 6-8, 2010, in the approximate amount of $900. 

 

61.              No. LF120209-10 – Authorize staff to purchase one 2010 Chevy Tahoe from Beck Motors in the amount of $28,373 under State Contract.

 

62.              No. LF120209-12 – Authorize Mayor and Finance Officer to execute Covenant Agreement with HDRK Properties, LLC for Water Shut-off Valve Access on Tract C of Rushmore Center. 

 

63.              No. 09TP031 – Authorize Mayor and Finance Officer to sign a No Cost, Time Extension with Kadrmas Lee & Jackson to March 31, 2010 for the Mount Rushmore Road Central Corridor Analysis.   

 

64.              No. LF120209-13 – Approve amendments to the Rapid City Area Air Quality Board.   

 

65.              No. LF120209-14 – Authorize Public Works and Growth Management to purchase imaging system.   

 

66.              No. LF120209-16 – Approve Resolution (#2009-162) Writing Off Uncollectible Accounts Receivable Accounts. 

 

67.              Acknowledge the following volunteers for workmen’s compensation purposes:  Mike LaCroix, Tricia Johnson, Savannah Williamson. 

 

68.              No. LF120209-17 – Approve renewal of City’s insurance package for FY 2010. 

 

69.              No. LF120209-18 – Approve Travel Request for Angela Tallon to attend ESRI Introduction to ArcGIS Server Class January 26-27, 2010, in Broomfield, CO, in the approximate amount of $1,670.   

 

70.              No. LF120209-19 – Approve Resolution No. 2009-153 to Establish the Non-Union Position of Storm Water Specialist. 

 

71.              No. LF120209-20 – Approve Resolution No. 2009-161 to Establish the Non-Union Position of Re-Entry Program Coordinator. 

 

72.              Approve request to create the non-union position of Re-Entry Coordinator at Grade 16 and authorize an additional FTE.   

 

73.              No. LF120209-21 – Approve Resolution No. 2009-160 Summary of Material Modifications No. 4. 

 

74.              No. LF120209-22 – Authorize Mayor and Finance Officer to sign Contract for Fiscal Year 2009 Community Development Block Grant Sub-Recipients The Club for Boys. 

 

75.              No. LF120209-23 – Preliminarily approve Subsidy Committee recommendations for the Community Development Block Grant FY 2010 Annual Action Plan and Amendment for Reallocation of Funds in the amount of $182,778. 

 

76.              No. LF120209-24 – Approve Travel Request for Dan Coon, Rodell Grosz, David Johnson, and Ron Eikenberry to attend Erosion and Sediment Control Class in Fort Pierre, SD, December 14-16, 2009, in the approximate amount of $1,558.08.

 

77.              No. LF120209-38 - Refer to the Public Works Committee discussion on providing equipment and manpower to clean up Canyon Lake Park, Roosevelt Park, and Memorial Park. 

 

78.              No. LF120209-25 – Approve Resolution No. 2009-163 Establishing 2010 Golf Course Fees. 

 

79.              No. LF120209-26 – Approve Resolution No. 2009-165 Establishing Rates for the Rapid City Aquatics Division. 

 

80.              No. LF120209-27 – Approve Resolution No. 2009-164 Establishing Rates for the Roosevelt Park Ice Arena.   

 

81.              No. LF120209-37 – Authorize Mayor and Finance Officer to sign SD DOT Work Order No. LGA-99-09 for Agreement No. 713770 for Greenway Pedestrian and Bike Path Extension Project EM8052(59) PCN 010E.

 

82.              No. LF120209-28 – Authorize Mayor and Finance Officer to sign Covenant Agreement with SoDak Development.

 

83.              No. LF120209-29 – Set for hearing on December 21, 2009, exchange of land with St. Joe Development, LLC for the exchange of property at Sixth and St. Joe Street.   

 

84.              No. LF120209-30 – Acknowledge raffle request from Black Hills Center for Equality, Inc.   

 

85.              No. LF120209-31 – Acknowledge raffle request from Rapid City Ducks Unlimited. 

 

86.              No. LF120209-32 – Acknowledge raffle request from Western Dakota Tech.   

 

87.              No. LF120209-33 – Acknowledge raffle request from Black Hills Quilters Guild. 

 

88.              No. LF120209-34 – Approve abatement for Delores C Lowell Trust for 2008 in the amount of $7,198.78. 

 

Growth Management Department Consent Items (None)

 

END OF CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 89 – 95

 

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

 

Continue the following items until December 21, 2009:

 

89.              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.

 

90.              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.

 

91.              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.

 

92.              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.

 

93.              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.

 

94.              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 January 19, 2010

 

95.              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.

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 96 – 119

 

Public Comment opened – Items 96 – 119

Public Comment closed

 

Ordinances

 

96.              No. 09RZ050 – First Reading, Ordinance 5564, 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 Lots 1A, 1B, 1C, 1D, 1E all of Lot 1, Lot 2, Lots 11 thru 12, Lots 24 thru 25, Lots 27 thru 29, Lots 39 thru 40, Lots 43 thru 55, Lots 59 thru 69, Scott Street right-of-way, Cactus Drive right-of-way, and the E. Fairmont Street right-of-way north of Section line all of Melody Acres No. 2, located in Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3025 South Valley Drive.

 

97.              No. 09RZ051 – First Reading, Ordinance 5565, 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 18 of Melody Acres No. 2 located in Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2805 Cactus Drive.

 

98.              No. 09RZ052 – First Reading, Ordinance 5566, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by A request by City of Rapid City for a Rezoning from No Use District to Mobile Home Residential District of Lot 9 of Melody Acres No. 2 located in Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2810 E. Fairmont Street.

 

99.              No. 09RZ053 – First Reading, Ordinance 5567, 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 3 of Melody Acres No. 2 located in Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2708 E. Fairmont.

 

100.          No. 09RZ054 – First Reading, Ordinance 5568, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Renner & Associates for Rapid City Area School District No. 51-4 for a Rezoning from Flood Hazard District to Civic Center District of a portion of Tract 19 of Rapid City Greenway Tract, located in Section, 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: commencing at the southeasterly corner of Lot RU-302A of the Original Townsite of Rapid City, common to a corner on the north boundary of Tract 19 of the Rapid City Greenway Tract, and the point of beginning, Thence, first course: S12º41’52”W, a distance of 204.24 feet; Thence, second course: N76º56’41”W, a distance of 367.77 feet; Thence, third course: N13º03’19”E, a distance of 301.94 feet, to a point on the northerly boundary of said Tract 19, common to a point on the southerly boundary of said Lot RU-302A; Thence, fourth course: S77º18’14”E, along the northerly boundary of said Tract 19, common to the southerly boundary of said Lot RU-302A, a distance of 65.68 feet, to a corner on the northerly boundary of said Tract 19, common to a corner on the southerly boundary of said Lot RU-302A; Thence, fifth course: S12º41’52”W, along the northerly boundary of said Tract 19, common to the southerly boundary of said Lot RU-302A, a distance of 100.00 feet, to a corner on the northerly boundary of said Tract 19, common to a corner on the southerly boundary of said Lot RU-302A; Thence, sixth course: S77º18’13”E, along the northerly boundary of said Tract 19, common to the southerly boundary of said Lot RU-302A, a distance of 300.20 feet, to a corner on the northerly boundary of said Tract 19, common to southeasterly corner of said Lot RU-302A, and the point of beginning, said Parcel contains 81,160 square feet or 1.863 acres more or less, located south of Central High School between North Mount Rushmore Road and West Boulevard North and north of Omaha Street.

 

101.          No. LF120209-15 – First Reading, Ordinance No. 5563, An Ordinance Regarding Supplemental Appropriation No. 6 for 2009.

 

102.          No. 09OA008 – Second Reading, Ordinance No. 5558, An Ordinance Adding Conditional Uses in the Business Park Zoning District by Amending Section 17.56.030 of the Rapid City Municipal Code as amended.

 

103.          No. LF111009-05 – Second Reading, Ordinance No. 5561, An Ordinance to Change the Due Date of Occupancy Tax Remittances for Business Improvement District No. 1 by Amending Section 3.24.080 of the Rapid City Municipal Code. 

 

104.          No. LF111009-09 – Second Reading, Ordinance No. 5559, An Ordinance to Transfer the Energy Plant Division from the Department of Public Works to the Rushmore Plaza Civic Center Board by Amending and Transferring Section 2.44.060 of the Rapid City Municipal Code to Section 2.76.160 of the Code.

 

105.          No. LF111009-13 – Second Reading, Ordinance No. 5560, An Ordinance to Update the List of Unlawful Acts of Discrimination by Amending Section 2.64.030 of the Rapid City Municipal Code. 

 

Growth Management Department Items

 

106.          No. 09PL066 - A request by Dream Design International, Inc. for a Preliminary Plat on Lot 1 of Tract C of Rushmore Center, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract C of Rushmore Center, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1520 Luna Avenue.

 

107.          No. 09PL069 - A request by Frontera Chicos, LLC for a Layout Plat on Lots A thru C of Lot 2 of Huffman Subdivision, located in the N1/2 of the SW1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of Huffman Subdivision, located in the N1/2 of the SW1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of East North Street and North Cambell Street.

 

108.          No. 09PL070 - A request by Terry Stocker for a Preliminary Plat on Lot D in Block 113 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the south 40 feet of Lots 15 and 16, the north 25 feet of the south 65 feet of Lots 15 and 16 and the balance of Lots 15 and 16 in Block 113 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 810 Mount Rushmore Road.

 

Legal & Finance Committee Items

 

109.          No. LF101409-03 – Authorize Mayor and Finance Officer to sign an amended Developer’s Agreement for Tax Increment District 52

 

110.          No. LF120209-02 – Request staff to prepare a Covenant Agreement between the City of Rapid City and Kateland Development Co. and bring it to the December 16, 2009, Legal and Finance Committee meeting. 

 

111.          No. LF120209-36 – Approve Travel and Training Regulations with the request that the Mayor further review the allowances for meals.  

 

112.          No. LF120209-11 – Approve changes to the approved SDCL 1-19A-11.1 final determination relative to the remodel of home and garage construction at 912 St. Andrew Street located in the West Boulevard National Historic District.

 

113.          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 Rapid City   

 

Public Works Committee Items (None)

 

Bids

 

114.          No. CC120709-02.1 - Snow Removal Operations for City Parking Ramp (Opened December 1, 2009)

 

115.          No. CC120709-02.2 – City / School Administration Center Roof Replacement (Opened December 3, 2009)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

116.          No. CC120709-04 – Sales Tax Revenue Update

 

117.          44th Street and West Main Liquidated Damages

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

118.          No. CC120709-03 - Vision 2012 Update

 

Appeals

 

DARB

 

License application appeals

 

Sign Code Appeals

 

119.          No. CC120709-05 - Pole Sign, Lighting Maintenance Co., Paul Weber

 

Other Appeals Heard by the Council

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 120 – 218

 

Open Public Hearing (comment) -- Items 120 – 218

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 120 – 124

 

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

 

Continue the following items until December 21, 2009:

 

120.          No. 09RZ044 - A request by City of Rapid City for a Rezoning from No Use District to Mobile Home Residential District on 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.

 

121.          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, location 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 the BHM, Pennington Count, South Dakota, located at the southeast corner of the intersection of Fifth Street and Catron Boulevard.

 

122.          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 January 19, 2010

 

123.          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 February 1, 2010

 

124.          No. 08OA003 - A request by City of Rapid City for an Ordinance Amendment to amend Section 17.50.335 "Sight Triangles" of the Rapid City Muncipal.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 120 – 218

 

CONSENT PUBLIC HEARING ITEMS – Item 125 – 211

 

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

 

Growth Management Items

 

125.          No. 09CA030 – Approve 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 Medium Density Residential with a Planned Residential Development on Lots 1 thru 10 of Fravel Tract and Lot 1 of the NW1/4 SW1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2828 Orchard Lane.

 

126.          No. 09VR006 - A request by Renner & Associates for South Dakota Board of Regents for a Vacation of Section Line Highway on 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 north of Cheyenne Boulevard.

 

Alcohol Licenses

 

Retail (on-off sale) Wine License Renewals

 

127.          Coco Palace LLC DBA Coco Palace, 1900 N Maple Ave., for a Retail (on-off sale) Wine License

 

128.          Uncork’d Wine and Tapas Bar LLC, 5734 Sheridan Lake Rd. #207, for a Retail (on-off sale) Wine License

 

129.          Bully Blends Coffee and Tea Inc DBA Bully Blends Coffee and Tea, 410 5th Street, for a Retail (on-off sale) Wine License

 

130.          Linda and Frank Morrison DBA Thirstys, 819 Main Street, for a Retail (on-off sale) Wine License

 

131.          Leading Edge Management LLC DBA Buffalo Wings and Rings, 5622 Sheridan Lake Rd, for a Retail (on-off sale) Wine License

 

132.          TADY LLC DBA Sports Buzz Family Food N Fun, 2102 Mt. Rushmore Rd., for a Retail (on-off sale) Wine License

 

133.          Piesano’s Pacchia Inc DBA Piesano’s Pacchia, 3618 Canyon Lake Dr. #33, for a Retail (on-off sale) Wine License

 

134.          Chrisbro LLC DBA Hampton Inn, 1720 Rapp Street, for a Retail (on-off sale) Wine License

 

135.          Rhonda Berger and Jim Berger DBA Ichiban, 1109 W. Omaha St. Ste. A, for a Retail (on-off sale) Wine License

 

136.          Late Harvest Inc. DBA Tally’s Silver Spoon, 520 6th Street, for a Retail (on-off sale) Wine License

 

137.          Mae Jean Adams DBA The Corn Exchange, 727 Main Street, for a Retail (on-off sale) Wine License

 

138.          Barbecsul Inc DBA Sandtrap Grill and Bar, 3625 Jackson Blvd, for a Retail (on-off sale) Wine License

 

139.          Central States Fair Inc. DBA Central State Fair, 800 San Francisco St., for a Retail (on-off sale) Wine License

 

140.          Black Hills Coffee Company DBA Black Hills Coffee, 5955 S Hwy. 16 #G, for a Retail (on-off sale) Wine License

 

141.          Khoury’s Mediterranean Cuisine Inc. DBA Khoury’s Mediterranean Cuisine, 1109 W Omaha St. Ste. D, for a Retail (on-off sale) Wine License

 

142.          Rapid City Arts Council Inc. DBA Dahl Arts Center, 713 7th Street, for a Retail (on-off sale) Wine License

 

143.          Wine Cellar Restaurant LLC DBA Wine Cellar Restaurant, 513 6th Street, for a Retail (on-off sale) Wine License

 

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

 

145.          WR Rapid City Ventures DBA Oakleaf Beer Garden, 2213 LaCrosse St., for a Retail (on-off sale) Wine License

 

146.          Museum Alliance of Rapid City Inc. DBA The Journey Museum, 222 New York Street, for a Retail (on-off sale) Wine License

 

147.          Century Motels Inc. DBA Howard Johnson Express Inn and Suites, 950 North Street, for a Retail (on-off sale) Wine License

 

148.          Mai T. Goodsell DBA Saigon Restaurant, 221 E North Street, for a Retail (on-off sale) Wine License

 

Retail (on-sale) Liquor License Renewals

 

149.          Fraternal Order of Eagles DBA Rapid City Aerie No. 3555, 1410 Centre Street, for a Retail (on-sale) Liquor License

 

150.          Blue Lantern Lounge Inc. DBA Blue Lantern Lounge, 1200 E St. Patrick Street, for a Retail (on-sale) Liquor License

 

151.          Hungrys Restaurants Inc. DBA Marlins Roadhouse Grill, 2803 Deadwood Ave., for a Retail (on- sale) Liquor License

 

152.          City of Rapid City DBA Airport Restaurant and Lounge, 4550 Terminal Rd. #206, for a Retail (on- sale) Liquor License

 

153.          Heinsel Investments LLC DBA Comfort Suites, 1333 N Elk Vale Rd., for a Retail (on-sale) Liquor License

 

154.          Entertainment Inc. DBA Robbinsdale Lounge, 803 E. St. Patrick Street, for a Retail (on-sale) Liquor License

 

155.          ERJ Dining IV LLC DBA Chili’s Grill and Bar, 2125 N Haines Ave., for a Retail (on-sale) Liquor License

 

156.          Kelly’s Sports Lounge Inc. DBA Kelly’s Sports Lounge, 825 Jackson Blvd., for a Retail (on-sale) Liquor License

 

157.          LaCroix Investments Inc. DBA Time Out Lounge, 615 E. North Street, for a Retail (on-sale) Liquor License

 

158.          Beshara Enterprises Inc. DBA The Pirates Table, 3550 Sturgis Rd. for a Retail (on-sale) Liquor License

 

159.          MG Oil Company DBA Clock Tower Lounge, 2525 W. Main Street, for a Retail (on-sale) Liquor License

 

160.          Viper LLC DBA Quality Inn/Reunion Lounge, 1902 N LaCrosse Street, for a Retail (on-sale) Liquor License

 

161.          Karen J Schumacher DBA Brass Rail Lounge, 624 St. Joe Street, for a Retail (on-sale) Liquor License

 

162.          AJ Inc DBA Shotgun Willies, 2808 W Main Street, for a Retail (on-sale) Liquor License

 

163.          Sioux Restaurants Inc. DBA TGI Fridays, 2205 N. LaCrosse Street, for a Retail (on-sale) Liquor License

 

164.          TADY LLC DBA Teddy’s Sports Grill, 826 Main Street, for a Retail (on-sale) Liquor License

 

165.          Fresch Inc DBA Joes Place, 4302 S Hwy 79, for a Retail (on-sale) Liquor License

 

166.          Sodak Mex I Inc. DBA On The Border, 1331 E North Street, for a Retail (on-sale) Liquor License

 

167.          Michael O Wieseler DBA Horseshoe Bar, 1407 ½ E North Street, for a Retail (on-sale) Liquor License

 

168.          Arnolds Inc DBA Buck-N-Gator, 4095 Sturgis Rd., for a Retail (on-sale) Liquor License

 

169.          Derby Advertising Inc. DBA Canyon Lake Chophouse, 2720 Chapel Lane, for a Retail (on-sale) Liquor License

 

170.          Western Dakota Gaming Inc. DBA Valley Sports Bar, 1865 S Valley Drive, for a Retail (on-sale) Liquor License

 

171.          American Legion, 818 E St Patrick St., for a Retail (on-sale) Liquor License

 

172.          Ugly Inc. DBA Budd Ugly’s, 321 7th Street, for a Retail (on-sale) Liquor License

 

173.          Dealer Exchange Inc. DBA Kaktus Kim’s, Rushmore Mall Space 478, for a Retail (on-sale) Liquor License

 

174.          Fox Family Enterprises Inc. DBA Rodeway Inn, 2208 Rushmore Rd., for a Retail (on-sale) Liquor License

 

175.          Arrowhead Country Club, 3675 Sheridan Lake Rd., for a Retail (on-sale) Liquor License

 

176.          WR Rapid City Ventures LP, Minerva’s Restaurant & Bar, 2211 N LaCrosse St., for a Retail (on-sale) Liquor License

 

177.          The Retired Enlisted Assoc Inc Chapter 29, 1981 E Centre Street, for a Retail (on-sale) Liquor License

 

178.          Outback Midwest II LP DBA Outback Steakhouse, 665 Disk Drive, for a Retail (on-sale) Liquor License

 

179.          Cortez LLC DBA Alex Johnson Hotel, 523 6th Street, for a Retail (on-sale) Liquor License

 

180.          Atlantis LLC DBA Fairfield Inn and Suites by Marriott, 1314 N Elk Vale Rd., for a Retail (on-sale) Liquor License

 

181.          Porter Apple Company DBA Applebee’s Neighborhood Grill and Bar, 2160 Haines Ave. for a Retail (on-sale) Liquor License

 

182.          Shooters Inc. DBA Shooters, 2504 W. Main Street, for a Retail (on-sale) Liquor License

 

183.          RC Boston Company LLC DBA Boston’s Restaurant and Sports Bar, 620 E. Disk Drive, for a Retail (on-sale) Liquor License

 

184.          Steven C Lester DBA Rushmore Plaza Holiday Inn, 505 N 5th Street, for a Retail (on-sale) Liquor License

 

185.          Retsel Inc DBA Cheers/Ramada Inn, 1721 N LaCrosse St., for a Retail (on-sale) Liquor License

 

Package (off-sale) Liquor License Renewals

 

186.          Smith’s Liquor Gallery Inc. DBA Smith’s Liquor Gallery, 2218 Jackson Blvd. Ste. 1, for a Package (off-sale) Liquor License

 

187.          Sooper Dooper Markets Inc. DBA Sooper Dooper #1, 913 E St. Patrick St., for a Package (off-sale) Liquor License

 

188.          Sully Enterprises LLC DBA Common Cents, 2808 Sheridan Lake Rd., for a Package (off-sale) Liquor License

 

189.          Sully Enterprises LLC DBA Common Cents, 634 E North Street, for a Package (off-sale) Liquor License

 

190.          Staple and Spice Market Inc. DBA Staple and Spice Market, 601 Mt. Rushmore Rd., for a Package (off-sale) Liquor License

 

191.          LaCroix Investments Inc. DBA Bus’s Bottle Shop, 615 E North Street, for a Package (off-sale) Liquor License

 

192.          Bach Investment Inc. DBA Hideaway Casino, 1575 N LaCrosse St. Ste. D, for a Package (off-sale) Liquor License

 

193.          Fresh Start Convenience Stores Inc. DBA Ranch Mart, 520 Birch Ave., for a Package (off-sale) Liquor License

 

194.          Debra J Erickson DBA Corner Pantry – LaCrosse Street, 2130 LaCrosse Street, for a Package (off-sale) Liquor License

 

195.          Thrifty Smoke Shop Inc. DBA Thrifty Smoke Shop, 718 E. St. Patrick Street, for a Package (off-sale) Liquor License

 

196.          Thrifty Smoke Shop Inc. DBA Thrifty Smoke Shop III, 3030 W. Main Street Ste. B, for a Package (off-sale) Liquor License

 

197.          Nash Finch Company DBA Family Thrift Center #265, 751 Mountainview Rd., for a Package (off-sale) Liquor License

 

198.          Nash Finch Company DBA FTC Express #257, 3460 Sturgis Rd., for a Package (off-sale) Liquor License

 

199.          Nash Finch Company DBA Family Thrift Center, 855 Omaha Street, for a Package (off-sale) Liquor License

 

200.          Nash Finch Company DBA Prairie Bottle Market #43, 13 New York Street, for a Package (off-sale) Liquor License

 

201.          Nash Finch Company DBA Family Thrift Center #253, 1516 E St. Patrick Street, for a Package (off-sale) Liquor License

 

202.          Canyon Lake Liquors LTD DBA Canyon Lake Liquors, 4244 Canyon Lake Drive, for a  Package (off-sale) Liquor License

 

203.          Derby Advertising Inc. DBA Canyon Lake Chophouse, 2720 Chapel Lane, for a Package (off-sale) Liquor License

 

204.          Carol Enterprises Inc. DBA Don’s Valley Express #2, 3343 N Haines Ave., for a Package (off-sale) Liquor License

 

205.          Carol Enterprises DBA Valley Liquor, 747 Timmons Blvd., for a Package (off-sale) Liquor License

 

206.          Yellow Robe Enterprises LLC DBA Dacotah Liquors, 418 Knollwood Dr., for a Package (off-sale) Liquor License

 

207.          Wal-East Development Inc. DBA Jackpot Casino Too, 1415 N La Crosse Street, for a Package (off-sale) Liquor License

 

208.          Cortez LLC DBA Alex Johnson Hotel, 523 6th Street, for a Package (off-sale) Liquor License

 

209.          Steven C Lester LLC DBA Rushmore Plaza Holiday Inn, 505 N 5th Street, for a Package (off-sale) Liquor License

 

210.          Retsel Corp DBA Ramada Inn, 1721 N LaCrosse St., for a Package (off-sale) Liquor License

 

211.          Dakotas Best Brown Bag Deli Inc DBA Dakota Best Brown Bag Deli, 818 Main Street, for a Package (off-sale) Liquor License

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 212 – 218

 

212.          No. 09RZ045 – Second Reading, Ordinance 5562, 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 Medium Density Residential District on Lots 1 thru 10 of Fravel Tract and Lot 1 of the NW1/4 SW1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2828 Orchard Lane.

 

213.          No. 09RZ048 – Second Reading, Ordinance 5556, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from General Agriculture District to General Commercial District on 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. .

 

214.          No. 09CA028 - A request by Dream Design International, Inc. for an Amendment to the adopted Comprehensive Plan to change the land use designation from Medium Density Residential with a Planned Residential Development to General Commercial with a Planned Commercial Development on 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.

 

215.          No. 09SV021 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to construct pavement, curb, gutter, sidewalk, water, sewer and street light conduit on the shared access easement as per Chapter 16.16 of the Rapid City Muncipal Code on Lot 1 of Tract C of Rushmore Center, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract C of Rushmore Center, located in 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: S60°51’06’E, along the northerly boundary of said Tract C, common to the southerly boundary of said Tract A, a distance of 306.46 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: S60°52’33”E, along the northerly boundary of said Tract C, common to the southerly boundary of said Tract B, a distance of 9.77 feet; Thence, third course: S29°09’15”W, distance of 115.47 feet; Thence, fourth course: S00°06’45”W, distance of 153.92 feet; Thence, fifth course: N89°50’08”W, distance of 214.75 feet, to a point on the westerly boundary of said Tract C, common to the easterly edge of Luna Avenue right-of-way; Thence, sixth course: N00°09’48”E, along the westerly boundary of said Tract C, common to the easterly edge of said Luna Avenue right-of-way, a distance of 328.13 feet; Thence seventh 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 08°35’09”, a length of 80.32 feet, a chord bearing of N04°09’13”W, and chord distance of 80.25 feet, to the northwesterly corner of said Tract C, common to a corner on the southerly boundary of said Tract A, and the point of beginning, located at 1520 Luna Avenue.

 

216.          Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sewer along Mount Rushmore Road as they abut the south 40 feet of Lots 15 and 16, the north 25 feet of the south 65 feet of Lots 15 and 16 and the balance of Lots 15 and 16 in Block 113 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 810 Mount Rushmore Road. (09SV022)

 

217.          No. 09SV022 - A request by Terry Stocker for a Variance to the Subdivision Regulations to waive the requirement to install sewer as per Chapter 16.16 of the Rapid City Muncipal Code on Lot D in Block 113 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the south 40 feet of Lots 15 and 16, the north 25 feet of the south 65 feet of Lots 15 and 16 and the balance of Lots 15 and 16 in Block 113 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 810 Mount Rushmore Road.

 

218.          No. 09VR007 - A request by FMG, Inc. for Horst Properties, LLC for a Vacation of Right-of-way on , legally described as 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.

 

BILLS

 

219.          No. CC120709-01 – Bill List for December 7, 2009

 

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

 

STAFF DIRECTION

 

ADJOURN