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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 21, 2009

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for December 7, 2009

 

AWARDS AND RECOGNITIONS

 

1.                  Veteran of the Month

 

2.                  Employee Awards

 

GENERAL PUBLIC COMMENT

 

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

 

NON-PUBLIC HEARING ITEMS -- Items 3 – 83

 

Public Comment opened – Items 3 – 65

Public Comment closed

 

CONSENT ITEMS – Items 3 – 58 

 

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

 

Vacations of Right-Of-Way Set for Hearing (None)

 

Alcoholic Beverage License Applications Set for Hearing (January 4, 2010)

 

3.                  Dadah Kids Corp. DBA Pauly’s Pizzeria and Sub Co., 1624 E St. Patrick Street #101 for a Retail (on-off sale) Wine License

 

4.                  South City Investments LLC DBA South City Billiards, 640 E St. Patrick Street for a Retail (on-off sale) Malt Beverage License WITH Video Lottery TRANSFER from Michael O. Wieseler DBA Horseshoe Bar, 1407 ½ E North Street

 

5.                  Black Hills Chapter of Germans from Russia Heritage Society for a Special Event Beer License for an event scheduled for February 28, 2010 at the Parish Center, 4500 Jackson Blvd.

 

Public Works Committee Consent Items

 

6.                  Overview of the Central High School Project – Mike Kenton.   

 

7.                  Acknowledge Report from the Police Department, Lt. James Johns.    

 

8.                  No. PW121509-01 – Approve Change Order No. 1F to Highmark, Inc. for Tower Road Water Main Loop, Project No. W09-1786 / CIP No. 50753, for a decrease of $8,158.80.

 

9.                  No. PW121509-02 – Approve Change Order No. 1F to Hills Materials Company, for Main Fire Station Waterline, Project No. IDP09-1791 / CIP No. 50772, for a decrease of $2,604.28. 

 

10.              No. PW121509-03 – Authorize Staff to Advertise for Bids for the Omaha Street Storm Water Quality Project, Project no. DR09-1801 / CIP No. 50782.  Estimated Amount of Project:  $200,000.00. 

 

11.              No. PW121509-04 – Authorize Staff to Advertise for Bids for the Landfill Gas Collection System, Project No. LF09-1795 / CIP No. 50762.  Estimated Amount of Project:  $1,350,000 with $600,000 provided by Department of Energy Grant.

 

12.              No. PW121509-05 – Authorize Staff to Advertise for Bids for the E. St. Francis Street, E. St. Anne Street, and Birch Avenue Reconstruction, Phase Two Project Three of Robbinsdale Reconstruction Project, Project No. ST09-1823 / CIP No. 50424.  Estimated Amount of Project:  $1,750,000.00. 

 

13.              No. PW121509-06 – Authorize Mayor and Finance Officer to Sign Amendment No. 2 to the Agreement with Ferber Engineering Company, Inc. for the East Mall Drive Connection-North La Crosse Street to East North Street, Project No. ST06-1334b / CIP No. 50521, EM1608(3)-PCN 012F, in the amount of $33,113.94.

 

14.              No. PW121509-07 – Authorize Mayor and Finance Officer to Sign an Agreement Between City of Rapid City and State of South Dakota for Appraisal Review Work for the Anamosa Street Reconstruction Project, from Haines Avenue to Midway Street, Project No. ST07-1472 / CIP No. 50519, State Project P 1648(03), PCN H021, in the amount of $2,500.00.

 

15.              No. PW121509-08 – Authorize Mayor and Finance Officer to Sign Amendment No. 1 to the Agreement with Geiger Architecture for the Milo Barber Transportation Center Improvements, Project No. GB08-1765 / CIP No. 50746, for an increase of $36,250.00.

 

16.              No. PW121509-09 – Authorize Mayor and Finance Officer to Sign an Agreement with HDR Engineering for St. Patrick Street Siphon Odor Control Facility, Project No. SS09-1825 / CIP No. 50774, in the amount of $31,488.00.

 

17.              No. PW121509-10 – Authorize Mayor and Finance Officer to Sign Addendum No. 4 to the Agreement with SD Department of Military and Veterans Affairs Lease Agreement, dated October 13, 1992. 

 

18.              No. PW121509-11 – Authorize Mayor and Finance Officer to Sign an Agreement with Dream Design International, Inc. for Cliff Drive Sanitary Sewer Extension, Project No. SS09-1830 / CIP No. 50778, in the amount of $55,455.00.

 

19.              No. PW121509-12 – Authorize Mayor and Finance Officer to Sign an Agreement with Dream Design International, Inc. for the Heights Drive Sanitary Sewer Extension, Project No. SS09-1831 / CIP No. 50777, in the amount of $63,425.00.

 

20.              No. PW121509-13 – Authorize Mayor and Finance Officer to Sign Amendment No. 1 to the Agreement with FMG, Inc. for the Anamosa Street Reconstruction (Haines to Midway), Project No. ST07-1472 / CIP No. 50519, in the amount of $8,654.20.

 

21.              No. PW121509-14 – Authorize Staff to Purchase Roadway Deicing Salt.  Estimated Cost:  $100,000.00.  

 

22.              No. 09FV013 - Stoneridge Subdivision – Acknowledge the applicant’s request to withdraw the application for a Fence Height Exception to allow a six foot high fence in the front yard setback on Lots 1 of Block 2 of Stoneridge Subdivision, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 310 Gemstone Drive.    

 

23.              No. 09TP032 - Approve 2010-2014 Transportation Improvement Program Amendment No. 10-001R. 

 

24.              Acknowledge the Report on Diving Board Use during Family Swim Time.

 

25.              No. LF120209-38 – Acknowledge the report on Providing Equipment and Manpower to Clean up Canyon Lake Park, Roosevelt Park, and Memorial Park     

 

26.              Authorize the City Attorney’s Office to prepare an agreement with the Rapid City Area School District and Performing Arts for design of improvements to be made at the Dakota Middle School Theater.  2012 Fund Project.  

 

Legal & Finance Committee Consent Items

 

27.              No. LF120209-35 – Authorize Mayor and Finance Officer to sign Joint Powers Agreement with the School District Regarding Central High School. 

 

28.              No. LF101508-22A – Approve request from Phil Olsen to authorize Mayor and Finance Officer to sign Developer’s Agreement with Hidden Valley, Inc. for Tax Increment District Number 61 as amended.   

 

29.              No. LF121609-06 – Recommend that the City Council continue request from the Humane Society to discuss Agreements between the City of Rapid City and The Humane Society of the Black Hills for Shelter Service and Animal Control Services to the December 29, 2009, Special Council meeting.   

 

30.              No. LF121609-14 – Approve the following appointments to the Mechanical Board for two year terms to expire December 31, 2011: Mark Thomas representing mechanical installers, Chino Caekaert representing mechanical contractors, Glenn Dalabarra representing the refrigeration industry, Thomas Aasby representing the propane industry and Richard Trapp representing the appliance industry.   

 

31.              No. LF121609-15 – Approve the appointment of Wayne Gutzmer to the Gas Board for an indefinite term.   

 

32.              No. LF121609-16 – Approve the following appointments to the Parks & Recreation Board: re-appointment of Van Lindquist and Wes Storm for a three year term to expire January, 2013, appointment of Lisa Seaman to complete the unexpired term of Wade Morris to expire January, 2012, and appointment of Michaele Hofman for a term to expire January, 2012 replacing the term of Jim Smoragiewicz who recently resigned. 

 

33.              No. LF121609-17 – Approve the re-appointment of Rich Huffman to the Rushmore Plaza Civic Center Board for a full three year term to expire January, 2013. 

 

34.              No. LF121609-18 – Approve the following appointments to the Development Appeals and Review Board: Mike Albertson, Bob Brandt John Herr, and Pat Wyss for two year terms to expire December 31, 2011.   

 

35.              No. LF121609-19 – Approve the following appointments to the Mayor’s Committee on Disabilities: Brenda French, Chuck Henrie, Dale Landis, Jim Schamber, Kathy Ertel, Lynn VonWald and Mark Kjellerson for two year terms to expire December 31, 2011

 

36.              No. LF121609-20 – Approve the appointment of Brian Neumann as the general contractor representative to the Fire Code Board of Appeals for a four year term to expire December 31, 2013.   

 

37.              No. LF121609-21 – Approve the re-appointment of John Herr to the Zoning Board of Adjustments for a three year term to expire December 31, 2012

 

38.              No. LF121609-22 – Approve the following appointments to the Library Board: appointment of Richard Haeder to a full three year term to expire December 31, 2012; re-appointment of Monte Loos to fill an unexpired term to expire December 31, 2010

 

39.              No. LF121609-23 – Approve the following appointments to the Journey Museum Board: re-appointment of Jim Shaw for a term to expire January , 2014; appointment of James Fields, Chad Thies, Fred Whiting and Michelle Thomson for a term to expire January, 2014. 

 

40.              No. LF121609-25 – Approve appointments of Cheryl Pederson and Bret Swanson to the Humane Society of the Black Hills (city appointments) to complete the unexpired three year terms to expire April, 2012.   

 

41.              No. LF121609-27 - Approve Resolution Establishing Maximum Salaries for Certain City Officers. 

 

42.              No. LF071509-10 – Approve a Resolution Designating Lot 1, Knecht Park Subdivision as Park Land.   

 

43.              No. LF071509-10 - Approve a Resolution Designating Various Publicly Owned Properties as Park Land

 

44.              No. LF120209-03 – Approve the 2010 proposed items for the 2012 Process, Phase 4, with the structure being as it was in 2005.

 

45.              No. LF121609-01 – Authorize staff to accept grant from South Dakota Hazardous Materials Emergency Preparedness for the HazMat ICS (Incident Commander) Course in Pueblo, CO, in the approximate amount of $2,538. 

 

46.              No. LF121609-02 – Authorize staff to accept grant from South Dakota Hazardous Materials Emergency Preparedness for the HazMat Emergency Response Course in Pueblo, CO, in the approximate amount of $2,538. 

 

47.              No. LF121609-03 – Authorize staff to accept grant from South Dakota Hazardous Materials Emergency Preparedness for the HazMat Technician Course in Pueblo, CO, in the approximate amount of $21,350. 

 

48.              No. 09TP033 – Authorize Mayor and Finance Officer to sign the Professional Services Agreement with Alta Planning and Design for the Bicycle and Pedestrian Master Plan in an amount not to exceed $72,000. 

 

49.              No. LF121609-04 – Approve request from Doug Williams for compromise of special assessment interest penalty.   

 

50.              No. LF121609-05 – Approve the 2010 Allied Arts City Subsidy disbursal. 

 

51.              Acknowledge the following volunteers for workmen’s compensation purposes:  Ellen Benton, Ari Crawford, and Angela Coon. 

 

52.              No. LF121609-12 – Approve Resolution No. 2009-172 Declaring Property Surplus.   

 

53.              No. LF121609-07 – Authorize Mayor and Finance Officer to sign Amendment #2 CityWorks Software License Agreement.   

 

54.              No. LF121609-08 – Authorize Mayor and Finance Officer to sign the State of South Dakota Consultant Contract/Letter of Agreement for Consultant Services for the SD Department of Corrections Adult Reentry Program. 

 

55.              No. LF121609-13 – Approve Resolution No. 2009-171 to Establish Rates for the City of Rapid City Dental Plan. 

 

56.              No. LF121609-09 – Approve Request for Proposals for Real Estate Broker Services (Wally Byam).   

 

57.              No. LF121609-10 – Authorize Mayor and Finance Officer to sign Agreement between the City of Rapid City and James S. Steele for the Completion of Planned Commercial Development Improvements.   

 

Growth Management Department Consent Items

 

58.              No. 09PL046 – Deny Without Prejudice a request by Todd Fenster for a Layout Plat on Lot 1 of Block 1 of Expressway Subdivision, located in the N1/2 N1/2 SW1/4, less Big Sky Subdivision, less F&N Subdivision, less Lot H1 and less right-of-way, Section 3, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the unplatted parcel located in the N1/2 N1/2 SW1/4, less Big Sky Subdivision, less F&N Subdivision, less Lot H1 and less right-of-way, Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located at 1200 Elk Vale Road.

 

END OF CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 59 – 65

 

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

 

Continue the following items until January 4, 2010:

 

59.              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.

 

Continue the following items until January 19, 2010

 

60.              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.

 

61.              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.

 

62.              No. 09PL072 - A request by Renner & Associates for Royal Nielsen for a Preliminary Plat on Lots A and B of Lot 15 Revised of Hillsview Subdivision, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 15 revised of Hillsview Subdivision and the sought 293 feet of Lot 6 of Marshall Subdivision, located in the NE1/4 of the SE1/4 and in the SE1/4 of the NE1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the north side of East S.D. Highway 44 between Rockhill Road and Hillside Drive.

 

63.              No. 09PL074 - A request by Fisk Land Surveying & Consulting Engineers for Ehli Family Trust for a Preliminary Plat on Lots C, D and E of Mahoney Addition No. 2, located in the SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the east 90 feet less north 8.5 feet of Block 103, the west 50 feet less the north 8.5 of Block 102, the east 115 feet less the north 8.5 feet of Block 102 all in Mahoney Addition, located in the SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 125, 131 and 133 MacArthur.

 

64.              No. 09PL076 - A request by Britton Engineering & Land Surveying for Vantage Properties, LLC for a Preliminary Plat on Lot 1 of Vista Ridge Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 4 and a portion of Lot 3 and a portion of the NW1/4 SW1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of East North Street between Cambell Street and Anamosa Street.

 

Continue the following items until February 1, 2010

 

65.              No. 09PL075 - A request by Fisk Land Surveying and Consulting Engineers for Walter J. Bradsky for a Preliminary Plat on Lots 5A and 5B of Aspen Estates Subdivision, Section 12, T1N, R6E, BHM, Pennington County, South Dakota, legally described as Lot 5 of Aspen Estates Subdivision, located in Section 12, T1N, R6E, BHM, Pennington County, South Dakota, located at 7800 Elkhart Road.

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 66 – 83

 

Public Comment opened – Items 66 – 83

Public Comment closed

 

Ordinances

 

66.              No. LF120209-01A – First Reading, Ordinance No. 5569, An Ordinance to Allow for the Conversion of an On-Premises Sign to Off-Premises Sign for More than One Parcel by Amending Subsection Q of Section 15.28.050 of the Rapid City Municipal Code. 

 

67.              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 on 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.

 

Growth Management Department Items

 

68.              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.

 

69.              No. 09AN001 - A request by Carl R. Schuler, Jr. for a Petition for Annexation on Lot 4 of Melody Acres located in the NW1/4 SW1/4 of Section 9, T1N, R8E, BHM, Pennington County, South Dakota, located south of Melody Lane and east of South Valley Drive.

 

70.              No. 09AN002 - A request by DuWayne and Michelle Britton Ness for a Petition for Annexation on Lot 3N of Lot 3 of Melody Acres located in the NW1/4 SW1/4, Section 9, T1N, R8E, BHM, Pennington County, South Dakota, located at 2818 Melody Lane.

 

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.

 

72.              No. 09PL073 - A request by Sperlich Consulting, Inc. for Triple Z Estate Development for a Preliminary Plat on Lot 19 of Block 11 of Elks Country Estates, located in the E1/2 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1 and a portion of Tract 2 located in the E1/2 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south and east of the intersection of Padre Drive and Jolly Lane.

 

Legal & Finance Committee Items

 

73.              No. LF120209-02A – Authorize Mayor and Finance Officer to sign Covenant Agreement between the City of Rapid City and Kateland Development Co.   

 

74.              No. LF121609-26 – Confirm appointments of Tamara Pier, Shawn Krull, and Cynthia Matson to the Historic Preservation Commission.  

 

75.              No. LF121609-11 – Authorize the Mayor and Finance Officer to sign License Agreement for Police Department Training at 108 E. Main Street.   

 

Public Works Committee Items

 

76.              No. 09EX117 – Deny a Request to allow a residential driveway approach opening width greater than 20’ for a residential lot located at 4122 Quiment Court in Red Rock Meadows Subdivision.   

 

Bids

 

77.              No. CC122109-02.1Wilderness Park Playground Project No. PR08-6004 (Opened December 8, 2009)

 

78.              No. CC122109-02.2Jackson Springs Water Transmission Mains Project No. WTP09-1836 / CIP No. 50780 (Opened December 10, 2009)

 

79.              No. CC122109-02.3 – Transit Shelters Installation Project No. TS09-1835 / CIP No. 50779 (Opened December 15, 2009)

 

80.              No. CC122109-02.4PCC Pavement Repair – LaCrosse St. Joint Sealing and Panel Repair Project ST10-1841 / CIP #50445 (Opened December 15, 2009)

 

81.              No. CC122109-02.5 – 11th Street Alley Sanitary Sewer Reconstruction Project No. SS9-1772 / CIP No. 50422 (Opened December 15, 2009)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

82.              A request that the Introduction and First Reading of Ordinance No. 5501 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 be placed on the January 4, 2010 City Council agenda, Alderman Olson

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

Appeals

 

DARB

 

License application appeals

 

Sign Code Appeals

 

83.              No. CC120709-05 - A request by Lighting Maintenance Company to appeal the denial of a pole sign permit (Continued from December 7, 2009 City Council meeting)

 

Other Appeals Heard by the Council

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 84 – 125

 

Open Public Hearing (comment) -- Items 84 – 125

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Item 84

 

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

 

Continue the following items until January 19, 2010

 

84.              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 84 – 125

 

CONSENT PUBLIC HEARING ITEMS – Item 85 – 113

 

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

 

Growth Management Items

 

85.              No. 09CA031 Approve a request by Renner & Associates for Rapid City Area School District No. 51-4 for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Public with Flood Hazard to Civic Center on 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.

 

86.              No. 09SV023 Approve a request by Sperlich Consulting, Inc. for Triple Z Estate Development for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along the access easement, to reduce the access easement width from 45 feet to 16 feet, and to reduce the pavement width from 20 feet to 9 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lot 19 of Block 11 of Elks Country Estates, located in the E1/2 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as A portion of Tract 1 and a portion of Tract 2, located in the E1/2 of Section 16, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the southwest corner of Lot 18 of Block 11, Elks Country Estates Located in the E1/2 of the SE1/4 of Section 16, T1N, R8E, BHM, and common to the Jolly Lane right-of-way of record; Thence, first course: N53º23’47”E, along the south boundary of said Lot 18 of Block 11 of Elks Country Estates, a distance of 85.00 feet; Thence, second course: S21º21’11”E, a distance of 200.51 feet; Thence, third course: S65º23’01”W, a distance of 20.36 feet; Thence, fourth course: S65º23’12”W, a distance of 64.64 feet; Thence, fifth course: a curve common to the Jolly Lane right-of-way with a length of 183.19 feet, a radius of 1200.00 feet, a delta of 08º44’47”, a cord bearing of N20º27’32”W, and a cord distance of 183.01 feet and the southwest corner of Lot 18 of Block 11, Elks Country Estates and the Point of Beginning, located south and east of the intersection of Padre Drive and Jolly Lane.

 

Alcohol Licenses

 

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

 

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

 

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

 

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

 

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

 

92.              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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Package (off-sale) Liquor License Renewals

 

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

 

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

 

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

 

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

 

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

 

106.          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

 

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

 

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

 

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

 

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

 

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

 

Assessment Rolls

 

112.          No. PW111009-13 - Resolution Levying Assessment for the South Street Sanitary Sewer Main Extension, Project No. SS09-1775 / CIP No. 50755

 

113.          No. LF111009-07 - Resolution Levying Assessment for the Cleanup of Miscellaneous Property

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 114 – 125

 

114.          Public Hearing for a Resolution of Intent to Enter into Lease with Youth and Family Services

 

115.          No. LF121609-24 – Approve request from David Miller at YFS to authorize Mayor and Finance Officer to sign Amendment of Lease for 410 East Monroe Street and Acknowledgement of Assignment of Lease to Youth and Family Services, Inc. 

 

116.          Public Hearing for a Resolution of Intent to Enter into Exchange of Land with St. Joe Development, LLC Pursuant to SDCL 9-27-34.1

 

117.          Authorize Mayor and Finance Officer to sign deeds and other necessary closing documents.

 

118.          No. 09PD051 – An Appeal of the Planning Commission’s decision on a request by Dream Design International, Inc. for a Planned Commercial Development - Initial and Final Development Plan on 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.

 

119.          No. 09RZ044 - Second 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 the 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.

 

120.          No. 09RZ050 - Second 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 the City of Rapid City for a Rezoning from No Use District to Mobile Home Residential District on 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.

 

121.          No. 09RZ051 - Second 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 the City of Rapid City for a Rezoning from No Use District to Mobile Home Residential District on 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.

 

122.          No. 09RZ052 - Second 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 the A request by City of Rapid City for a Rezoning from No Use District to Mobile Home Residential District on 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.

 

123.          No. 09RZ053 - Second 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 the City of Rapid City for a Rezoning from No Use District to Mobile Home Residential District on 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.

 

124.          Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, street light conduit, sidewalk along one side of the street and water along the access street as they abut 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. (09SV020)

 

125.          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.

 

 

 

BILLS

 

126.          No. CC122109-01 – Bill List for December 21, 2009

 

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

 

STAFF DIRECTION

 

127.          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 (Continued from the December 7, 2009 City Council meeting)

 

ADJOURN