ADA Compliance: The City of Rapid City fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Finance Office 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.


Please remember to turn all cell phone off or to vibrate during the meeting.


City Council Policies and Procedures

 

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

7:00 P.M., February 16, 2010

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for February 1, 2010

 

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 – 77

 

Public Comment openedItems 3 – 58

Public Comment closed

 

CONSENT ITEMS – Items 3 – 51

 

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 (March 1, 2010)

 

3.                  Girl Scouts – Dakota Horizons for a Special Event Wine License for an event scheduled March 25, 2010 at the Journey Museum.

 

Public Works Committee Consent Items

 

4.                  Acknowledge the report on I-190/North Street/Silver Street/West Boulevard Structure and Intersection Improvements from South Dakota Department of Transportation.

 

5.                  Acknowledge the report on Traffic Signal Improvements at Mt Rushmore Road and St Patrick Street from South Dakota Department of Transportation with the recommendation of Option 5 to wait until the upcoming reconstruction project in 2014. 

 

6.                  Acknowledge the report on Drainage Issues at School Drive & Highway 44.                         

 

7.                  Acknowledge the report on Saint Patrick Street and South Valley Drive Intersection Traffic Signal.   

 

8.                  Acknowledge the report on the 46th Annual Concrete Conference.   

 

9.                  No. PW020910-02 – Approve Change Order No. 3 to SECO Construction, Inc. for the Milo Barber Transportation Center, Project No. GB08-1765, for an increase of $8,312.20.

 

10.              No. PW020910-03 – Approve Change Order No. 4F to Heavy Constructors, Inc. for the Red Rock Water Storage Reservoir, Project No. W03-1184, for a decrease of $125,540.56. 

 

11.              No. PW020910-04 – Authorize Staff to Advertise for Bids for the Rapid Transit System Bus Shelter Renovation.  Estimated cost:  $60,000.00.

 

12.              No. PW020910-05 – Authorize Staff to Advertise for Bids for the Street Rehabilitation Project – Arrow Street, Farlow Avenue & Culvert Street, Project No. ST10-1854 / CIP No. 50549.  Estimated cost:  $315,000.00. 

 

13.              No. PW020910-06 – Authorize Staff to Advertise for Bids for West Chicago Area Water Main Reconstruction, Project No. W08-1763 / CIP No. 50282.  Estimated cost:  $475,000.00.

 

14.              No. PW020910-07 – Authorize Staff to Advertise for Bids for Easy Street Sanitary Sewer Main Extension, Project No. SS09-1829 / CIP No. 50776.  Estimated cost:  $185,000.00.

 

15.              No. PW020910-08 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with Stanley Consultants, Inc. for the Energy Efficiency and Renewable Energy Initiative in the amount of $39,800.00.

 

16.              No. PW020910-09 – Authorize Mayor and Finance Officer to Sign Amendment No. 2 to the Agreement with Geiger Architecture for the Milo Barber Transportation Center Improvements, Project No. GB08-1765 / CIP No. 50746-1765, in the amount of $92,690.00.

 

17.              No. PW020910-10 – Authorize Mayor and Finance Officer to Sign a Permanent Utility Easement with Black Hills Power, Inc. for the Hartland Court Relocation (Dover Drainage Improvements), Project No. DR05-1452 / CIP No. 50025.

 

18.              No. PW020910-11 – Authorize Mayor and Finance Officer to Sign an Agreement with SDDOT for Use and Restoration of Detour and/or Wet Weather Detour, State Highway Project No. IM 0902 (108) 80 PCN 0123.    

 

19.              No. PW020910-12 – Authorize Mayor and Finance Officer to Sign Amendment No. 1 to the Agreement with Ferber Engineering Company for Construction Observation Services for the Eglin Street Extension, Project No. ST05-1470 / CIP No. 50560, in the amount of $94,380.00.

 

20.              No. PW020910-13 – Authorize Mayor and Finance Officer to Sign Amendment No. 2 to the Agreement with Burns & McDonnell Engineering Company, Inc. for Design and Bidding Phase Services for the WRF Digester Control Building Improvements, Project No. WRF09-1783 / CIP No. 50581, in the amount of $8,330.00.

 

21.              No. PW020910-14 – Approve Resolution #2010-017 for the Bridge Reinspection Program for use with SDDOT Retainer Contracts, Annual Bridge Inspections, Project No. ST10-1864 / CIP No. 50630. 

 

22.              No. PW020910-15 – Authorize Staff to not allow sanitary sewer service connection to the newly installed sanitary sewer main until a Construction Fee has been established or an agreement between the property owner and City of Rapid City has been executed for city cost recovery.  Easy Street Sanitary Sewer Extension, Project No. SS09-1829 / CIP No. 50776. 

 

23.              No. PW020910-16 – Approve the Solid Waste Master Plan.

 

24.              No. 10TP001 – Approve 2010-2014 Transportation Improvement Program Amendment No. 10-002R. 

 

25.              No. PW020910-17 – Approve a request by Good Samaritan Society for authorization to prepare H-Lots located in the SE1/4 and the SW1/4 of Section 29, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota and authorize acceptance of the deed.

 

26.              No. PW020910-18 – Approve Change Order No. 6 to RCS Construction, for Vickie Powers Park, Project No. PR08-6002, to authorize an expenditure from the Allowance Amount included in the contract in the amount of $8,000.00 for materials and labor to install additional storm water drainage infrastructure.   

 

Legal & Finance Committee Consent Items

 

27.              No. LF021010-01 - Approve changes to Beautification Committee Bylaws. 

 

28.              No. LF021010-02 – Approve event permit for American Institute of Chemical Engineers (Student Chapter) to hold Dublin Dash on March 20, 2010 from 7:00 a.m. to 9:00 a.m.   

 

29.              No. LF021010-03 – Approve event permit for Great Black Hills Duck Race to be held on July 25, 2010.   

 

30.              No. LF021010-04 – Approve event permit for United Blood Services for free parking on various dates and places. 

 

31.              No. LF021010-05 - Request authorization to charge administrative fees per State Wiring Bulletin ARSD 20:44:20:12 and Rapid City Municipal Code 15.16. 

 

32.              No. 10TP002 - Authorize Mayor and Finance Officer to sign the 2010 Unified Planning Work Program Amendment 2010-01.   

 

33.              No. 10TP003 – Authorize Mayor and Finance Officer to Sign Amendment Number 1 to Agreement Number 811009 between the City of Rapid City and the South Dakota Department of Transportation for accomplishing the Rapid City Area Transportation Planning Process. 

 

34.              No. 10TP004 – Authorize Mayor and Finance Officer to Sign 2009 Unified Planning Work Program Amendment 2009-04. 

 

35.              No. 10TP005 - Authorize Mayor and Finance Officer to Sign a No Cost, Time Extension with Felsburg Holt & Ullevig to December 31, 2010 for the Chapel Valley Access and Route Alignment Study.   

 

36.              No. 10TP006 - Authorize Staff to seek Request for Proposals for the Preparation of the Arterial Street Safety Review and Recommendation for the City of Rapid City.

 

37.              Acknowledge the Following individuals for Workmen’s Compensation Purposes:  Antonio Garcia, Christopher Cox, Adrianna Jumping Eagle, Theodore Hahn, Hafiza Farzami. 

 

38.              No. LF021010-08 – Direct appropriate change of Wards and Precincts Adding Annexed Areas. 

 

39.              Declare an emergency and authorize the purchase of $250,000.00 in salt for ice removal on streets

 

40.              No. LF021010-10 – Approve Renewal of 2010 Ice Cream Vendor’s License for Keith Storm, d/b/a Pied Piper.   

 

41.              Confirm the appointment of Bill Waugh, Patti Martinson, Karen Olson, Jim Preston and Dale Tech to a committee to review the Real Estate Broker RFP’s on the Wally Byam Property. 

 

42.              No. LF021010-11 - Authorize Mayor and Finance Officer to sign Amendment to Developer’s Agreement for TID 56.

 

43.              No. LF021010-12 – Authorize Mayor and Finance Officer to sign Assignment between City of Rapid City, BankWest, Inc., and Doeck, LLC, Regarding TID 67. 

 

44.              No. LF021010-13 – Authorize Mayor and Finance Officer to sign Second Revised Contract for Private Development TID 61. 

 

45.              No. LF021010-14 - Authorize Mayor and Finance Officer to sign Assignment Agreement between the City of Rapid City, U.S. Bank, and Villagio, LLC.

 

46.              No. LF021010-17 – Acknowledge raffle request from Mount Rushmore Chapter Barbershop Harmony Society. 

 

47.              No. LF021010-18 – Acknowledge raffle request from Timberline Little League. 

 

48.              No. LF021010-19 – Acknowledge raffle request from Western Dakota Tech. 

 

49.              No. LF021010-20 – Acknowledge raffle request from Counts of the Cobblestone Car Club.   

 

50.              No. LF021010-21 – Acknowledge raffle request from Children’s Home Foundation.   

 

51.              No. LF021010-22 – Acknowledge raffle request from A Cappella Showcase Chorus. 

 

Growth Management Department Consent Items (None)

 

END OF CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 52 – 58

 

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

 

Continue the following items until March 1, 2010:

 

52.              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.

 

53.              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.

 

54.              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 eastern extension of Conestoga Court.

 

55.              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.

 

56.              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.

 

57.              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.

 

Continue the following items until March 15, 2010:

 

58.              No. 09PL083 - A request by Fisk Land Surveying & Consulting Engineers for Stephen M. Gowan for a Preliminary Plat on Lots A and B of Mahoney Addition No. 2 and dedicated right-of-way, located in the SE1/4, Section 25, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the east 90 feet of Block 122 and the west half of Block 123 of Mahoney Addition No. 2, located in the SE1/4, Section 25, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 134 Anamosa Street.

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 59 – 77

 

Public Comment openedItems 59 – 77

Public Comment closed

 

Ordinances

 

59.              No. LF021010-07 – First Reading, Ordinance No. 5580, An Ordinance Regarding Supplemental Appropriation No. 2 for 2010.     

 

60.              No. LF021010-15 – First Reading, Ordinance No. 5581, An Ordinance Increasing the Income Threshold for the City’s Water Rate Relief Program by amending Section 13.04.590 of the Rapid City Municipal Code.   

 

61.              No. LF021010-16 – First Reading, Ordinance No. 5582, An Ordinance Increasing the Income Threshold for the City’s Sewer Rate Relief Program by amending Section 13.08.370 of the Rapid City Municipal Code. 

 

62.              No. 10RZ004 – First Reading, Ordinance No. 5583, 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 31 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2708 Cactus Drive.

 

63.              No. 10RZ005 – First Reading, Ordinance No. 5584, 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 10 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2900 East Fairmont Street.

 

64.              No. 10RZ006 – First Reading, Ordinance No. 5585, 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 General Commercial District of Lots 7-12 of Block 3 and Lots 7-12 of Block 4, and the 20 foot wide E. St. Francis Street right-of-way located adjacent and south of Block 3 and Block 4, and Sedivy Lane located west and adjacent to Block 4 and the 20 foot wide E. St. Francis Street, and the 20 foot wide Pecan Lane located adjacent to Lots 7-9 of Block 3 and the 20 foot wide E. St. Francis Street, and the 40 foot wide Beechwood Lane, all located in Rapid Valley Subdivision, Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Sedivy Lane and north of E. St. Francis Street.

 

Growth Management Department Items

 

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.

 

66.              No. 10PL001 - A request by D.C. Scott Surveyors, Inc. for Brian Dail for a Layout Plat on Tract 1 of Dail Subdivision, located in the N1/2 of the NW1/4, Section 23, T1N, R8E, BHM Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 NW1/4, Section 23, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of the intersection of Reservoir Road and Green Valley Drive and west of Greenwood Lane.

 

67.              No. 10PL002 - A request by City of Rapid City for a Preliminary Plat on Tract A of Block 95 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 thru 16 of Block 95 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of St. Joseph Street between Fifth Street and Sixth Street.

 

68.              No. 10PL003 - A request by Centerline for Founders Park II, LLC for a Preliminary Plat on Lot 6 of Founders Park Subdivision, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the W1/2 NW1/4 SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Founders Park Drive.

 

Legal & Finance Committee Items

 

69.              Set the timelines for the Vision 2012 discussions as follows: 1) Citizen Committee applications due on March 5, 2010; 2) Program applications due April 2, 2010; 3) Public hearings to be held in the month of April, 2010; 4) Citizen Committee to make recommendations to the 2012 Committee in May, 2010; 5) 2012 Committee and City Council to deliberate recommendations in June; and 6) Begin new round of 2012 program in July or August. 

 

70.              No. LF021010-06 – Authorize Mayor and Finance Officer to Sign Agreements with Morgan Stanley Company for Investment of 2009 Water Bond Proceeds. 

  

71.              No. LF021010-09 – Authorize Mayor and Finance Officer to Sign Memorandum of Agreement between the City of Rapid City and Rushmore Lions Club for Rushmore Lions Nature Park. 

 

Public Works Committee Items

 

72.              No. PW020910-01 – Sidewalks on North Side of Saint Patrick Street. 

 

Bids

 

73.              No. CC021610-02.1 – WRF UV Disinfection System HVAC Project No. WRF09-1822 / 50773 (Opened February 9, 2010)

 

74.              No. CC021610-02.2 – Rapid City Parks Restroom Renovations (Opened February 10, 2010)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

75.              No. CC021610-03 - Adoption of Procedure for Public Hearing on Resolution #2010-004

 

76.              No. CC021610-04 - Public Hearing on Resolution #2010-004

 

77.              No. CC021610-05 - Resolution #2010-004

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

Appeals

 

DARB

 

License application appeals

 

Sign Code Appeals

 

Other Appeals Heard by the Council

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 78 – 94

 

Open Public Hearing (comment) -- Items 78 – 94

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 78 – 81

 

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

 

Continue the following items until March 1, 2010:

 

78.              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.

 

79.              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.

 

80.              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.

 

81.              No. 10VR001 - A request by FMG, Inc. for Good Samaritan Society for a Vacation of Right-of-Way on 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.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 78 – 94

 

CONSENT PUBLIC HEARING ITEMS – Item 82 – 86

 

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

 

Growth Management Items

 

82.              No. 10SV001 – Approve a request by City of Rapid City for a Variance to the Subdivision Regulations to waive the requirement to install sanitary sewer in St. Joseph Street and Fifth Street and to reduce the right-of-way width for St. Joseph Street from 100 feet to 98 feet as per Chapter 16.16 of the Rapid City Municipal Code on Tract A of Block 95 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 thru 16 of Block 95 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of St. Joseph Street between Fifth Street and Sixth Street.

 

83.              No. 10SV002 – Approve a request by Centerline for Founders Park II, LLC for a Variance to the Subdivision Regulations to reduce the width of the access easements from 59 feet to 26 feet, to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along the access easements and to reduce the width of Founders Park Drive right-of-way from 60 feet to 59 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lot 6 of Founders Park Subdivision, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the W1/2 NW1/4 SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Founders Park Drive.

 

Alcohol Licenses

 

84.              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.

 

Assessment Rolls

 

85.              No. PW011210-09 - Approve a Resolution Levying Assessment for the Tower Road Water Main Loop, Project No. W09-1786 / CIP No. 50753

 

86.              No. LF011310-10 – Approve a Resolution Levying Assessment for the Cleanup of Miscellaneous Property

 

Other Items Requiring Public Hearings (None)

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 87 – 94

 

87.              No. 09CA001 - A request by City of Rapid City 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, located generally south of Spring Creek, east of Boulder Hill Road, north of Knotty Pine Road and east of S.D. Highway79. (Continued from June 1, September 8 and November 16, 2009 City Council meetings.)

 

88.              No. 09CA002 - A request by City of Rapid City 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, located generally south of Spring Creek, east of Boulder Hill Road, north of Knotty Pine Road and east of S.D. Highway79. (Continued from June 1, September 8 and November 16, 2009 City Council meetings.)

 

89.              No. 09RZ057 - Second Reading, Ordinance 5575, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested 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.

 

90.              No. 09RZ058 - Second 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 on Lot 20 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2809 Cactus Drive.

 

91.              No. 10RZ001 - Second 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 on Lot 34 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2804 Cactus Drive.

 

92.              No. 10RZ002 - Second 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 on Lot 5 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2802 E. Fairmont Street.

 

93.              No. 10RZ003 - Second 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 on , legally described as Lot 35 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2806 Cactus Drive.

 

94.              No. 09VR010 - A request by Ferber Engineering Company for South Dakota Game Fish and Parks for a Vacation of Right-of-way on North 40th Street 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 along the southern right-of-way line of Dean Lane, the true point of beginning; THENCE, S01º57’54”W, a distance of 149.60’ feet along the east right-of-way line to a found cap marked Polenz #4208; THENCE, S01º57’54”W, a distance of 130.02 feet along the east right-of-way line; THENCE, N88º03’10”E, a distance of 60.06 feet; THENCE, N01º58’10”E, a distance of 279.68 feet along the west right-of-way line to a found cap marked FMG #4225; THENCE, N00º22’58”E, a distance of 89.86 feet along the west right-of-way line to a found cap marked Renner #2652; THENCE, S88º00’09”E, a distance of 60.09 feet along the north right-of-way line; THENCE, S02º03’12”W, a distance of 60.58 feet to the true point of beginning, located at the northern terminus of North 40th Street and west of Sturgis Road.

 

BILLS

 

95.              No. CC021610-01 – Bill List for February 16, 2010

 

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

 

STAFF DIRECTION

 

ADJOURN