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City Council Policies and Procedures

 

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

7:00 P.M., February 1, 2010

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for January 19, 2010

 

AWARDS AND RECOGNITIONS

 

GENERAL PUBLIC COMMENT

 

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

 

1.                  Presentation by Economic Development Director Ben Snow

 

NON-PUBLIC HEARING ITEMS -- Items 2 – 69

 

Public Comment opened – Items 2 – 53

Public Comment closed

 

CONSENT ITEMS – Items 2 – 44

 

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

 

Vacations of Right-Of-Way Set for Hearing (March 1, 2010)

 

2.                  No. 10VR001 - A request by FMG, Inc. for Good Samaritan Society for a Vacation of Right-of-Way of The St. Martin's Road right-of-way located in the S1/2, Section 29 excepting the southern 60.3 feet of said right-of-way, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of S.D. Highway 79 (Sturgis Road) and Hidden Valley Road.

 

Alcoholic Beverage License Applications Set for Hearing (February 16, 2010)

 

3.                  Rapid City Library Foundation for a Special Beer and Wine license for an event scheduled for March 27, 2010 at the Rapid City Public Library, 610 Quincy Street.

 

Public Works Committee Consent Items

 

4.                  Acknowledge the report from Front Porch Coalition, Stephanie Schweitzer Dixon, Community Services Director. 

 

5.                  No. PW012610-01 – Authorize the preparation of the H-Lots and the submittal of the SDCL 11-6-19 application.  (Regional Detention Facilities – Rapid City Economic Development Foundation.)

 

6.                  Acknowledge the report on Sales Tax – Mayor Alan Hanks.      

 

7.                  No. PW012610-02 –   Authorize Staff to Advertise for Bids for 2010 Roadway Painting Project, Project No. PM10-1860 / CIP No. 50594.  Estimated cost of project:  $75,000.00. 

 

8.                  No. PW012610-03 – Authorize Staff to Advertise for Bids for Utility Cut Portland Concrete Replacement.  Estimated cost:  $75,000.00. 

 

9.                  No. PW012610-04 – Authorize Staff to Advertise for Bids for Water Treatment Coagulant for Water Treatment Plant.  Estimated cost:  $50,000.00.    

 

10.              No. PW012610-05 – Authorize Staff to Advertise for Bids for Odor Control Chemical for Lift Stations.  Estimated cost:  $75,000.00. 

 

11.              No. PW012610-06 – Authorize Staff to Advertise for Bids for Hot Mixed Asphaltic Concrete for Various City Departments.  Estimated cost:  $161,000.00. 

 

12.              No. PW012610-07 – Authorize Staff to Advertise for Bids for Limestone Gravel for Various City Departments.  Estimated cost:  $75,000.00. 

 

13.              No. PW012610-08 – Authorize Staff to Advertise for Bids for Ready Mixed Concrete for Various City Departments.  Estimated cost:  $63,000.00. 

 

14.              No. PW012610-09 – Authorize Staff to Advertise for Bids for Saint Andrews Reconstruction – Lincoln Ave to Elm Ave, Project No. ST10-1803 / CIP No. 50714.  Estimated cost of project:  $900,000.00.

 

15.              No. PW012610-10 – Authorize Staff to Advertise for Bids for Eglin Street Extension, Project No. ST05-1470 / CIP No. 50560.  Estimated cost of project:  $1,335,000.00. 

 

16.              No. PW012610-11 – Authorize Mayor and finance Officer to Sign an Agreement with Qwest for the Relocation of Certain Utilities, Eglin Street Reconstruction, East North to DOT Entrance, Project No. ST05-1470 / CIP No. 50560, in the amount of $30,000.00.

 

17.              No. PW012610-14 – Authorize Mayor and finance Officer to Sign an Agreement for Voluntary Right of Way Donation (Temporary Easement), for the Anamosa Street Reconstruction, Project No. ST07-1472 / CIP No. 50519.

 

18.              No. PW012610-15 – Approve Request to seek proposals for Alfalfa/Hay Harvest.

 

Legal & Finance Committee Consent Items

 

19.              No. LF012710-01 – Request staff to amend the agreements that pertain to TID 56 to release funds and to place the project into the warranty period before the last 45 feet of Luna Street are completed.   

 

20.              No. LF012710-02 – Confirm appointment of Gunar Dzintars, Bernie Hall, Robert Ellis, Jim Keck (Black Hills Corporation - to replace Stu Wevik), Mark Jacobs (Montana Dakota Utilities - to replace Larry Thompson), Patti Martinson, and Bill Waugh to the reactivated Energy Committee.

 

21.              No. LF012710-03 – Approve Travel Request for Deb Hadcock, Karen Gundersen Olson, and Malcom Chapman to attend the National League of Cities Congressional City Conference in Washington, D.C. March 12-18, 2010, in the approximate amount of $8,629.50.

 

22.              No. LF011310-05A – Acknowledge report regarding professional service contracts entered into in 2009 under $25,000.

 

23.              No. LF012710-04 – Acknowledge the Capital Improvements Program Committee monthly update for January 2010.   

 

24.              No. LF012710-05 – Approve the Capital Plan for Streets, Drainage and MIP Projects for January 2010.   

 

25.              Direct Finance Officer to take $50,000 out of CIP (roof repair line item instead of the cash line item) for 2010 to replace funds for the CSAC Roof Repair Project. 

 

26.              No. LF012710-06 – Approve the FY2011 CIP budget schedule with changing the March 19, 2010 meeting to March 26, 2010

 

27.              No. LF012710-07 – Acknowledge report on 2009 Rapid City population estimate.

 

28.              No. LF012710-08 – Acknowledge report on Local Board of Equalization schedule and to request Council members to sign-up for the hearings. 

 

29.              No. LF012710-09 – Authorize Finance Office to request 30-day extension from SD Department of Legislative Audit for 2009 Annual Report. 

 

30.              No. LF012710-10 – Authorize Mayor and Finance Officer to sign a Local Governing Body Approval Letter for Teton Coalition, Inc. for the construction of 6 homes for low-income families.

 

31.              No. LF012710-11 – Approve (final) CDBG Annual Action Plan for FY2010 and authorize Mayor and Finance Officer to Sign the SF 424 and Certifications.

 

32.              No. LF012710-24 - Request staff to prepare a report regarding how Rapid City compares to other communities in the nation regarding recovery rates for recreation, ice, and aquatics.

 

33.              No. LF012710-12 – Authorize Mayor and Finance Officer to sign Amended Agreement between the City of Rapid City and Zandstra Construction, Incorporated and ZCO, Inc. for the Completion of Subdivision Improvements.   

 

34.              No. LF012710-13 – Acknowledge raffle request from American Heart Association. 

 

35.              No. LF012710-14 – Acknowledge raffle request from Rapid City Stevens High School Baseball Club, Inc.   

 

36.              No. LF012710-15 – Acknowledge raffle request from Greater Dakotah Chapter Safari Club International.   

 

37.              No. LF012710-16 – Acknowledge raffle request from Working Against Violence, Inc.   

 

38.              No. LF012710-17 – Acknowledge raffle request from Youth & Family Services. 

 

39.              No. LF012710-18 – Acknowledge raffle request from Rushmore Lions Club of Rapid City.   

 

40.              No. LF012710-19 – Approve renewal of 2010 ice cream vendor’s license for Kenneth Krzyzanowski, d/b/a Mr. Rags Ice Cream. 

 

41.              No. LF012710-22 – Authorize Mayor and Finance Officer to sign Letter of Confirmation of Mutual Agreement with St. Joe Investment Group, LLC.

 

42.              No. LF012710-20 – Approve property tax abatements as follows: AEA Company, 2009, $5,406.84; Ames and Lampy LLC, 2009, $9,694.46; Auckinleck Property, 2009, $677.92; Bailey/Paschke % N, Miriam J, 2009, $1,837.10; Christria Brookes, 2009, $461.62; Benjamin H Cruz, 2009, $124.22; James W. Dowty, 2009, $61.00; A G Esquivel, 2009, $132.18; Raymon E Hadlock, 2009, $1,406.88; Lyle Hartshorn/Freimark, 2009, $1,057.58; Jill M Heintzman, 2009, $1,141.50; KT Real Estate LLC, 2009, $3,227.06; Northwestern Engineering, 2009, $774.86, $75.26, $3,623.84, $1,844.66, and $2,566.66; Ardyth J Peterson, 2009, $168.78; Bill Rensch, 2009, $1,570.18; Allan Schauer, 2009, $1,620.28; Swander's Restoration, 2009, $15,566.46.   

 

43.              No. LF012710-21 – Approve property tax abatements as follows: Chad R Buckingham, 2009, $572.54; Benjamin H Cummings, 2009, $43.24; Leaun Peterson, 2009, $1,334.20; and Windsor Block LLC, 2009, $2,385.64. 

 

Growth Management Department Consent Items

 

44.              No. 09PL024 – Acknowledge applicants withdrawal of 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 CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 45 – 53   

 

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

 

Continue the following items until January 18, 2010:

 

45.              No. 08PL145 - A request by Sperlich Consulting, Inc. for Ronald Shape for a Preliminary Plat on Lot 13 of Block 6, Lots 2 thru 11 of Block 7, Lots 2 thru 11 of Block 8 of Homestead Subdivision, located in a portion of the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern terminus of Homestead Street and north of Carl Avenue.

 

46.              No. 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.

 

47.              No. 09PL047 - A request by Centerline, Inc. for PLM Land Development, LLC for a Preliminary Plat on Lots 36 thru 53 of Block 1 of PLM Subdivision, located in the N1/2 NW1/4 and the unplatted SW1/4 NW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance located in the N1/2 NW1/4 and the unplatted SW1/4 NW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern extension of Conestoga Court.

 

48.              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.

 

49.              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.

 

50.              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 No. 2, located in the SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 125, 131 and 133 MacArthur.

 

51.              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.

 

52.              No. 09PL086 - A request by Dream Design International, Inc. for a Layout Plat on Lots 1, 2 and 3 of Lots 5R and 6R of Block 1 of Spring Canyon Estates, Section 6, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lots 5R and 6R of Block 1 of Spring Canyon Estates, Section 6, T1S, R7E, BHM, Pennington County, South Dakota, located at 5703 and 5707 Pioneer Circle.

 

53.              No. 09RZ057 - A request by Marcy Morkert for a Rezoning from General Commercial District to Medium Density Residential District on the east 35 feet of the west 71 feet of Lot 21 of Block 38 of West Boulevard Addition, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 814 Saint James Street.

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 54 – 69  

 

Public Comment opened – Items 54 – 69  

Public Comment closed

 

Ordinances

 

54.              No. 09RZ058 – First Reading, Ordinance 5576, 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 20 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2809 Cactus Drive.

 

55.              No. 10RZ001 - First Reading, Ordinance 5577, 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 34 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2804 Cactus Drive.

 

56.              No. 10RZ002 - First Reading, Ordinance 5578, 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 5 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2802 E. Fairmont Street.

 

57.              No. 10RZ003 - First Reading, Ordinance 5579, 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 35 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2806 Cactus Drive.

 

58.              No. LF040109-24A1 – Second Reading, Ordinance 5501, An Ordinance to Prohibit the Feeding of Wildlife and Waterfowl in the City of Rapid City by Establishing Chapter 6.16 of the Rapid City Municipal Code. (Continued from January 19, 2010)

 

59.              No. 09OA009 – Second Reading, Ordinance No. 5570, An Ordinance Amending Conditional Uses within the General Commercial Zoning District by Amending Section 17.18.030(16) of the Rapid City Municipal Code.

 

60.              No. LF011310-08 – Second Reading, Ordinance No. 5573, An Ordinance Regarding Supplemental Appropriation No. 1 for 2010.

 

61.              No. LF011310-22 – Second Reading, Ordinance No. 5574, An Ordinance to Allow the City Council to Determine the Composition of the Citizens Committees Required by the 2012 Program by Amending Subsection 3.16.020(E) of the Rapid City Municipal Code. 

 

Growth Management Department Items (None)

 

Legal & Finance Committee Items

 

62.              No. CC020110-04 - Acknowledge report on the U.S. census and request a further report from a representative of the Complete Count group at the February 1, 2010, City Council meeting. 

 

63.              No. LF012710-23 – A request from Dakota Conference of the United Methodist Church for free parking during the Bishop’s Laity Gathering to be held February 12-13, 2010

 

Public Works Committee Items

 

64.              No. PW012610-12 – Authorize Mayor and Finance Officer to Sign Agreement Between the City of Rapid City and Red Rock Development LLC for Reimbursement of Sewer Construction Fees for Red Rock Estates Lift Station, Project No. SS01-1086. 

 

65.              No. PW012610-13 – Authorize Mayor and Finance Officer to Sign Construction Fee Resolution for Red Rock Estates Sanitary Sewer Lift Station, Project No. SS01-1086.

 

66.              No. 09VE018 - Approve with stipulations a request by Ferber Engineering Co., Inc. for South Dakota Game Fish and Parks to consider an application for a Vacation of Sanitary Sewer Easement on 20 foot Sanitary Sewer Easement located on Lot 2 of NWE Subdivision, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southwest of the intersection of Knutson Lane and Sturgis Road.   

 

Bids

 

67.              No. CC020110-02.1 – Hartland Court Relocation Project No. DR051452 / CIP No. 50025 (Opened January 26, 2010)

 

68.              No. CC020110-02.2 – Well No. 13 Raw Water Meter Installation Project No. W10-1846 / CIP No. 50781 (Opened January 26, 2010)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

69.              No. CC020110-03 – Vision 2012 Update

 

Appeals

 

DARB

 

License application appeals

 

Sign Code Appeals

 

Other Appeals Heard by the Council

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 70 – 84  

 

Open Public Hearing (comment) -- Items 70 – 84  

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 70 – 73  

 

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

 

Continue the following items until January 18, 2010:

 

70.              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.

 

71.              No. 09SV025 - A request by Fisk Land Surveying & Consulting Engineers for Ehli Family Trust for a Variance to the Subdivision Regulations to waive the requirement to allow a one foot public access and utility easement in lieu of a one foot right-of-way dedication and to reduce the pavement width from 27 feet to 24 feet as per Chapter 16.16 of the Rapid City Municipal Code 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 the north 8½ feet of Block 103, the west 50 feet less the north 8½ feet of Block 102, the east 115 feet less the north 8½ feet of Block 102 all in Mahoney Addition No. 2, located in the SE¼ of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 125, 131 and 133 MacArthur.

 

72.              No. 09SV028 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to reduce the pavement width from 27 feet to 20 feet and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Pioneer Circle, to reduce the width of the private access and utility easement from 49 feet to a verifying width of 46.9 feet to five feet, to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the private access and utility easement, to reduce the width of the access easement from 49 feet to a verifying width of 40 feet to 20 feet and to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1, 2 and 3 of Lots 5R and 6R of Block 1 of Spring Canyon Estates, Section 6, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lots 5R and 6R of Block 1 of Spring Canyon Estates, Section 6, T1S, R7E, BHM, Pennington County, South Dakota, located at 5703 and 5707 Pioneer Circle.

 

Continue the following items until July 6, 2010:

 

73.              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 Code.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 70 – 84  

 

CONSENT PUBLIC HEARING ITEMS – Item 74 – 75  

 

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

 

Growth Management Items

 

74.              No. 09SV012 – Acknowledge applicants withdrawal of 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.

 

Alcohol Licenses

 

75.              Central Baseball Association for a Special Event Beer License for an event scheduled February 27, 2010 at the National Guard Armory on Range Road.

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 76 – 84  

 

76.              No. 09CA001 - A request by City of Rapid City to consider an application for an Amendment to the Comprehensive Plan adopting the Spring Creek Neighborhood Area Future Land Use Plan on that portion of Sections 1, 3, 10, 11, 12, 14 and 15 lying south of Spring Creek, all of Sections 13, 22, 23, 24, 25, and 26, and all of Section 27 less Foster Lode Mineral Survey, Township 1 South, Range 6 East, BHM, Pennington County, South Dakota; that portion in the W1/2 of Section 4 and Sections 5, 6 and 7 lying south of Spring Creek, the W1/2 and SE1/4 of Section 9, the S1/2 of Sections 10 and 11, and all of Sections 1, 8, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and 30, Township 1 South, Range 7 East, BHM, Pennington County, South Dakota; the E1/2 and SW1/4 of Section 25 and all of Section 36, Township 1 North, Range 7 East, BHM, Pennington County, South Dakota; that portion of Sections 29 and 32 lying west of SD Highway 79 and all of Sections 30 and 31, Township 1 North, Range 8 East, BHM, Pennington County, South Dakota; that portion of Sections 5, 8, 17, 20 and 29 lying west of SD Highway 79 and all of Sections 6, 7, 18, 19 and 30, Township 1 South, Range 8 East, BHM, Pennington County, South Dakota, more generally described as being located south of Spring Creek, east of Boulder Hill Road, north of Knotty Pine Road and west of S.D. Highway79.  (Continued from June 1, September 8 and November 16, 2009 City Council meetings.)

 

77.              No. 09CA002 – A request by City of Rapid City to consider an application for an Amendment to the Comprehensive Plan to Revise the Major Street Plan by eliminating, adding and realigning arterial and collector streets in the Spring Creek Neighborhood Area Future Land Use Plan on that portion of Sections 1, 3, 10, 11, 12, 14 and 15 lying south of Spring Creek, all of Sections 13, 22, 23, 24, 25, and 26, and all of Section 27 less Foster Lode Mineral Survey, Township 1 South, Range 6 East, BHM, Pennington County, South Dakota; that portion in the W1/2 of Section 4 and Sections 5, 6 and 7 lying south of Spring Creek, the W1/2 and SE1/4 of Section 9, the S1/2 of Sections 10 and 11, and all of Sections 1, 8, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and 30, Township 1 South, Range 7 East, BHM, Pennington County, South Dakota; the E1/2 and SW1/4 of Section 25 and all of Section 36, Township 1 North, Range 7 East, BHM, Pennington County, South Dakota; that portion of Sections 29 and 32 lying west of SD Highway 79 and all of Sections 30 and 31, Township 1 North, Range 8 East, BHM, Pennington County, South Dakota; that portion of Sections 5, 8, 17, 20 and 29 lying west of SD Highway 79 and all of Sections 6, 7, 18, 19 and 30, Township 1 South, Range 8 East, BHM, Pennington County, South Dakota, more generally described as being located south of Spring Creek, east of Boulder Hill Road, north of Knotty Pine Road and west of S.D. Highway79.  (Continued from June 1, September 8 and November 16, 2009 City Council meetings.)

 

78.              Public Hearing on Fish Garbage Services Inc. (Continued from January 19, 2010)

 

79.              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)

 

80.              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.

 

81.              Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of a sidewalk along Cambell Street as they abut that portion of Block 1 of South Creek Industrial Park, located in the SW1/4NW1/4 and the NW1/4SW1/4 of Section 8, T1N, R8E, B.H.M., City of Rapid City, Pennington County, South Dakota,  more particularly described as: Commencing at the northwest corner of Lot 7, Block 1 of South Creek Industrial Park being the TRUE POINT OF BEGINNING; thence N 00°08'20" E a distance of 480.20 feet; thence N 89°58'10" W a distance of 420.13 feet; thence with a curve turning to the left with an arc length of 457.36 feet, with a radius of 3024.93 feet; thence N 89°58'10" W a distance of 28.60 feet; thence S 00°02'20" W a distance of 120.28 feet; thence with a curve turning to the right with an arc length of 737.35 feet, with a radius of 2944.93 feet; thence S 89°57'00" E a distance of 295.11 feet; thence S 07°41'54" E a distance of 213.19 feet; thence S 07°40'53" E a distance of 132.44 feet; thence S 89°56'18" E a distance of 64.34 feet; thence N 00°01'55" E a distance of 262.33 feet to the Point of Beginning; located at 2230 Cambell Street. (09SV029)

 

82.              No. 09SV029 - A request by FourFront Design, Inc. for Jim Mirehouse for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Cambell Street and the 30 foot access easement, to reduce the width of the access easement from 59 feet to 30 feet, and to reduce the pavement width from 26 feet to 20 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lot D of Block 1 of South Creek Industrial Park, located in the SW1/4 of the NW1/4 and the NW1/4 of the SW1/4, Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Block 1 less Lots 1 thru 8 of South Creek Industrial Park, Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2230 Cambell Street.

 

83.              No. 09VR008 - A request by Fisk Land Surveying & Consulting Engineers for Recreational Adventures for a Vacation of Section Line Highway on the portion of undeveloped Section Line Right-of-way, located in Tract A of the SE1/4 SW/14 of Section 4 and the NE1/4 NW1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3010 East Highway 44.

 

84.              No. 09VR009 - A request by Ferber Engineering Co., Inc. for South Dakota Game Fish and Parks for a Vacation of Right-of-Way on Dean Lane Right-of-Way located in Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota more particularly described as: Commencing at a found plastic cap marked Renner #2652 at the Northwest corner of Lot 4 of Block 1 of Tract G of Meadowwood Subdivision the True Point of Beginning; Thence, N02º03’12”E, a distance of 60.58 feet; Thence, S88º00’10”E, a distance of 356.54 feet; Thence, N86º54’00”E, a distance of 24.87 feet to a found nail; Thence, N86º41’03”E, a distance of 292.86 feet to a found cap marked Renner #2652; Thence, S03º05’15”E, a distance of 60.14 feet; Thence, S86º45’56”W, a distance of 320.15 feet to a found cap marked FMG #6119; Thence, N88º05’47”W, a distance of 135.29 feet, to a found cap marked Renner #2652; Thence, N88º09’07”W, a distance of 224.20 feet to the True Point of Beginning, located west of Sturgis Road and east of North 40th Street.

 

BILLS

 

85.              No. CC020110-01 – Bill List for February 1, 2010

 

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

 

STAFF DIRECTION

 

86.              Resolution #2010-004 (Continued from January 19, 2010)

 

ADJOURN