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City Council Policies and Procedures

  

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

7:00 P.M., March 15, 2010

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for February 22, 2010 special Council meeting and March 1, 2010 regular Council meeting.

 

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 – 80

 

Public Comment opened – Items 3 – 52

Public Comment closed

 

CONSENT ITEMS – Items 3 – 44

 

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 (April 5, 2010)

 

3.                  Rapid City Summer Nights for special event Malt Beverage licenses for events scheduled on the following dates in 2010: June 10, 17, and 24; July 1, 8, 15, 22, and 29; August 5, 12, 19, and 26; and September 2.

 

4.                  Lybecks Twenty First Century Inc. DBA Shenanigans Casino, 3788 E Hwy 44, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery TRANSFER from Harbry Enterprise Inc. DBA Buck N Gator Lounge, 4095 Sturgis Rd.

 

5.                  MG Oil Company DBA Corner Pantry, 310 E. Fairmont Blvd. for a Package (off-sale) Malt Beverage License TRANSFER from Robert Steihl DBA Circle S Convenience Store, 310 E. Fairmont Blvd.

 

Public Works Committee Consent Items

 

6.                  No. PW030910-02 – Authorize staff to work with the appropriate entities to develop an RFI for the Google Fiber project.

 

7.                  Acknowledge the Report on Notification of Public Meeting for the E Saint Patrick Street and South Valley Dive Traffic Signal.    

 

8.                  No. PW030910-03 – Approve Change Order No. 1 to Zenon Environmental Corporation for the Water Treatment Plant Upgrades – Jackson Springs Membrane Prepurchase, Project No. W07-1689 / CIP No. 50696, for a decrease of $139,656.00.

 

9.                  No. PW030910-04 – Approve Change Order No. 4 to SECO Construction Inc. for the Milo Barber Transportation Center Improvements, Project No. GB08-1765, for an increase of $5,830.00. 

 

10.              No. PW030910-05 – Authorize Staff to Advertise for Bids for the Yard Waste Site Improvement – West Boulevard North, Project No. SWO10-1785.  Estimated cost:  $60,000.00. 

 

11.              No. PW030910-06 – Authorize Staff to Advertise for Bids for the 2010 Water Reclamation Facility (WRF) Improvements, Project No. WRF10-1856 / CIP No. 50791.  Estimated cost:  $2,600,000.00. 

 

12.              No. PW030910-07 – Authorize Staff to Advertise for Bids for Sweeper Broom Refills.  Estimated cost:  $30,000.00.

 

13.              No. PW030910-08 – Authorize Staff to Advertise for Bids for the East North Street Maintenance Project, Project No. ST10-1867 / CIP No. 50445.  Estimated cost:  $100,000.00.

 

14.              No. PW030910-10 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with Burns & McDonnell Engineering Company, Inc. for Construction Phase Services for WRF Digester Control Building Improvements, Project No. WRF09-1783 / CIP No. 50581, in the amount of $82,543.00.  (Project funded through SRF Loan)

 

15.              No. PW030910-11 – Authorize Mayor and Finance Officer to Sign a Joint Funding Agreement between U.S. Dept of the Interior, U.S. Geological Survey and City of Rapid City for 2010 Water Resources Investigation to include the operation and maintenance of selected gaging stations and for various hydrologic investigations. 

 

16.              No. PW030910-13 – Authorize Mayor and Finance Officer to Sign Agreement No. RC 2010-1 between Pennington County and City of Rapid City to reassign jurisdiction and responsibility for certain portions of county roads known as Haines Avenue, 143rd Avenue, Dyess Avenue and Elk Vale Road. 

 

17.              No. PW030910-14 – Authorize Mayor and Finance Officer to Sign an Agreement with Steve Becher for the right to harvest alfalfa from a certain property owned by the City of Rapid City in the amount of $11,202.00. 

 

18.              No. PW030910-15 – Authorize Mayor and Finance Officer to Sign the Spring Creek Watershed Management Intergovernmental Agreement between Pennington County and the City of Rapid City.  Cost not to exceed $30,000.00.

 

19.              No. 10TP007 – Approve the draft report for Mount Rushmore Corridor Development Plan and authorize staff to explore the options for a contract for the design guidelines.   

 

Legal & Finance Committee Consent Items

 

20.              No. LF031010-02 – Confirm appointment of Laura A. Patterson to fill the vacated term (Maria McCarthy Anderson) on the Library Board.

 

21.              No. LF031010-03 – Acknowledge Capital Improvements Program Committee Monthly Update for February 2010.   

 

22.              Approve the carry forward of the following CIP funds from 2009 to 2010: $580,690.00 for Fire Station – New (East Area); $1,346,674.82 for Fire Station – Station 7 (Seger Street); $49,720.75 for Fire Station 4 Replace Siding; $19,818.75 for Fire Station 5 Replace Siding. 

 

23.              No. LF031010-04 – Recommend approval of the revisions as per the Finance CIP spreadsheet with change in 2014 to return Streets, Drainage and MIP and Parks to 4% growth in year 5.   

 

24.              Acknowledge continuing 2012-Phase 4 discussion. 

 

25.              Request the Mayor to reappointment the Parking Task Force. 

 

26.              No. LF031010-23 - Acknowledge Human Relations Commission update. 

 

27.              No. LF031010-22 – Authorize Mayor and Finance Officer to sign the annexation petition for the Jackson Springs property. 

 

28.              No. 10TP010 – Authorize Mayor and Finance Officer to sign a no cost, time extension with Kadrmas Lee & Jackson to December 31, 2010 for the Mount Rushmore Road Central Corridor Analysis.

 

29.              No. 10TP011 – Authorize Mayor and Finance Officer to sign the no cost, time extension Amendment to Agreement 810918 for the Rapid City Area Metropolitan Planning Organization 2009 Unified Planning Work Program. 

 

30.              No. 10TP012 – Authorize Mayor and Finance Officer to sign the 2010 Agreement between City of Rapid City and Meade County for Accomplishing the Rapid City Area Transportation Planning Process. 

 

31.              Acknowledge the following volunteers for workmen’s compensation purposes: Taryn Stickney, Marion Carter, Taylor Arrington, Pat Meyers.   

 

32.              No. LF031010-08 – Authorize Mayor and Finance Officer to sign the Electrical Cooperative Revenue Agreement with West River Electric and Black Hills Cooperative Electric. 

 

33.              No. LF031010-09 – Authorize Mayor and Finance Officer to sign Portfolio Management Agreement with Boyd Watterson Asset Management, LLC. 

 

34.              No. LF031010-10 – Award contract with Ketel Thorstenson LLP to perform audit of the financial statements of the City of Rapid City for calendar year 2010 with the option to renew for calendar years 2011 and 2012. 

 

35.              No. LF031010-11 – Approve Resolution Declaring Property Surplus. 

 

36.              No. LF031010-12 – Approve the 2010 Contract with Black Hills Workshop for Parks Restroom and Shelter Custodial Services in the amount of $79,303, and authorize Mayor and Finance Officer to sign the contract. 

 

37.              No. LF031010-14 – Authorize Mayor and Finance Officer to sign Memorandum of Understanding between the City of Rapid City and the Downtown Rapid City Economic Development Corporation Regarding the Design Phase of Main Street Square. 

 

38.              No. LF031010-15 – Approve request from Neil Litzen, d/b/a Mr. Frost 2 for 2010 ice cream vending license.   

 

39.              No. LF031010-16 – Approve request from Charles Wendt, d/b/a C. W. Enterprises for 2010 ice cream vending license. 

 

40.              No. LF031010-17 – Acknowledge raffle request from Rapid City Elks Lodge No. 1187. 

 

41.              No. LF031010-18 – Acknowledge raffle request from Rapid City Professional Firefighters.   

 

42.              No. LF031010-19 – Acknowledge raffle request from American Cancer Society. 

 

43.              No. LF031010-20 – Acknowledge raffle request from Black Hills Mountain Bike Association. 

 

44.              No. LF031010-21 – Approve property tax abatements as follows: Dakota Steel and Supply Company, 2008, $95.68; Dakota Steel and Supply Company, 2009, $91.04; Jobgen Family Holdings LLC, 2009, $4,378.88; Stath Mantzeoros, 2008, $54.14; and Stath Mantzeoros, 2009, $331.52. 

 

Growth Management Department Consent Items (None)

 

END OF CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 45 – 52

 

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

 

Continue the following items until April 5, 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. 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.

 

47.              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.

 

48.              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.

 

49.              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.

 

50.              No. 10PL005 - A request by Renner & Associates for Randy Ruthford to consider an application for a Preliminary Plat for proposed Lots A and B of Lot 9 of Lot 3 of Block 3 of the NE1/4 of the NW1/4, legally described as Lot 9 and the north 25 feet of Lot 10 of the Lot 3 of Block 3 of the NE1/4 of the NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2019 and 2021 Monte Vista Drive.

 

Continue the following items until April 19, 2010:

 

51.              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.

 

52.              No. 10PL007 - A request by Dream Design International, Inc. for THF Stoneridge Development, LLC for a Layout Plat on Lots 1 thru 4 of Block 4 of Out lots 1 and 11 of Block 4 of Black Hills Center, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 2 of Fifth Street Office Plaza, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota and a portion of the NE¼, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northeasterly corner of Lot 1 of Block 3 of Black Hills Center, common to a point on the southerly boundary of Lot 18 of Block 4 of Eastridge Estates Subdivision, and the point of beginning; Thence first course: S89º51’59”E, along the southerly boundary of said Lot 18 of Block 4, a distance of 21.44 feet, to the southeasterly corner of said Lot 18 of Block 4, common to the southwesterly corner of Lot 19 of Block 4 of Eastridge Estates Subdivision; Thence second course: S89º36’10”E, along the southerly boundary of said Lot 19 of Block 4, a distance of 74.99 feet, to the southeasterly corner of said Lot 19 of Block 4, common to the southwesterly corner of Lot 20 of Block 4 of Eastridge Estates Subdivision; Thence third course: S89º40’39”E, along the southerly boundary of said Lot 20 of Block 4,  a distance of 147.46 feet, to the southeasterly corner of said Lot 20 of Block 4, common to the southwesterly corner of Lot 21 of Block 4 of Eastridge Estates Subdivision; Thence fourth course: S89º40’11”E, along the southerly boundary of said Lot 21 of Block 4,  a distance of 29.5 feet, to the southeasterly corner of said Lot 21 of Block 4, common to the southwesterly corner of Lot 4 of Block 2 of Fifth Street Office Plaza; Thence fifth course: S89º37’17”E, along the southerly boundary of said Lot 4 of Block 2,  a distance of 367.85 feet, to the southeasterly corner of said Lot 4 of Block 2, common to the southwesterly corner of Lot 3 of Block 2 of Fifth Street Office Plaza; Thence sixth course: S81º56’11”E, along the southerly boundary of said Lot 3 of Block 2,  a distance of 205.60 feet, to the southeasterly corner of said Lot 3 of Block 2, common to the southwesterly corner of Lot 2 of Block 2 of Fifth Street Office Plaza; Thence seventh course: S81º55’52”E, along the southerly boundary of said Lot 2 of Block 2, a distance of 60.98 feet, to a corner on the southerly boundary of said Lot 2 of Block 2; Thence eighth course: S72º01’35”E, along the southerly boundary of said Lot 2 of Block 2, a distance of 161.84 feet, to the southeasterly corner of said Lot 2 of Block 2; Thence ninth course: N17º47’24”E, along the easterly boundary of said Lot 2 of Block 2, a distance of 29.78 feet, to a corner on the easterly boundary of said Lot 2 of Block 2, common to the southwesterly corner of Lot 1 of Block 2 of Fifth Street Office Plaza; Thence tenth course: S73º48’28”E, along the southerly boundary of said Lot 1 of Block 2, a distance of 459.73 feet, to the southeasterly corner of said Lot 1 of Block 2; Thence eleventh course: N38º50’34”E, along the easterly boundary of said Lot 1 of Block 2,  a distance of 222.04 feet, to the northeasterly corner of said Lot 1 of Block 2, common to a point on the westerly edge of Fifth Street right-of-way; Thence twelfth course: S62º29’05”E, along the westerly edge of said Fifth Street right-of-way, a distance of 134.83 feet; Thence thirteenth course: curving to the right, along the westerly edge of said Fifth Street right-of-way, on a curve with a radius of 909.00 feet, a delta angle of 14º12’45”, a length of 225.48 feet, a chord bearing of S55º23’16”E, and chord distance of 224.91 feet; Thence fourteenth course: S42º58’26”W, along the westerly edge of said Fifth Street right-of-way, a distance of 12.00 feet; Thence fifteenth course: curving to the right, along the westerly edge of said Fifth Street right-of-way, on a curve with a radius of 897.00 feet, a delta angle of 33º48’02”, a length of 529.17 feet, a chord bearing of S31º23’49”E, and chord distance of 521.53 feet, to a point on the northerly edge of Stumer Road right-of-way; Thence sixteenth course: S78º50’25”W, along the northerly edge of said Stumer Road right-of-way, a distance of 27.69 feet; Thence seventeenth course: S11º17’34”E, along the northerly edge of said Stumer Road right-of-way, a distance of 19.61 feet; Thence eighteenth course: S78º40’30”W, along the northerly edge of said Stumer Road right-of-way, a distance of 268.21 feet; Thence nineteenth course: curving to the left, along the northerly edge of said Stumer Road right-of-way, on a curve with a radius of 430.50 feet, a delta angle of 31º38’12”, a length of 237.71 feet, a chord bearing of S62º53’56”W, and chord distance of 234.70 feet; Thence twentieth course: curving to the right, along the northerly edge of said Stumer Road right-of-way, on a curve with a radius of 369.50 feet, a delta angle of 43º15’37”, a length of 278.99 feet, a chord bearing of S68º41’45”W, and chord distance of 272.41 feet; Thence twenty-first course: N89º40’48”W, along the northerly edge of said Stumer Road right-of-way, a distance of 730.69 feet; Thence twenty-second course: curving to the right, along the northerly edge of said Stumer Road right-of-way, on a curve with a radius of 369.50 feet, a delta angle of 30º00’39”, a length of 193.54 feet, a chord bearing of N74º39’10”W, and chord distance of 191.33 feet; Thence twenty-third:  N59º42’02”W, along the northerly edge of said Stumer Road right-of-way, a distance of 434.65 feet; Thence twenty-fourth course: N59º37’19”W, along the northerly edge of said Stumer Road right-of-way, a distance of 190.11 feet; Thence twenty-fifth course: N61º06’58”W, along the northerly edge of said Stumer Road right-of-way, a distance of 179.95 feet; Thence twenty-sixth course: N59º37’27”W, along the northerly edge of said Stumer Road right-of-way, a distance of 26.58 feet, to the southeasterly corner of said Lot 1 of Block 3; Thence twenty-seventh course: N30º17’20”E, along the easterly boundary of said Lot 1 of Block 3, a distance of 329.68 feet, to a corner on the easterly boundary of said Lot 1 of Block 3; Thence twenty-eighth course: N00º10’07”E, along the easterly boundary of said Lot 1 of Block 3, a distance of 190.19 feet, to the northeasterly corner of said Lot 1 of Block 3 and the point of beginning., located northwest of the intersection of Fifth Street and Stumer Road.

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 53 – 80

 

Public Comment opened – Items 53 – 80

Public Comment closed

 

Ordinances

 

53.              No. 10RZ011 - First Reading, Ordinance 5592, 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 15 of Melody Acres No. 2, located in Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2709 Cactus Drive.

 

54.              No. 10RZ012 - First Reading, Ordinance 5593, 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 a portion of Tract D located in the NE1/4 NW1/4, the 150 foot wide Lancer Drive right-of-way and the 75 foot wide S.D. Highway 44 right-of-way located adjacent to Lancer Drive, all located in the NE1/4 NW1/4, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2000 Lancer Drive.

 

55.              No. 10RZ013 - First Reading, Ordinance 5594, 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 Lot 1E of the NE1/4 NW1/4, the south portion of the Lot E of the NE1/4 NW1/4 lying south of access highway less right-of-way, and the 75 foot wide S.D. Highway 44 right-of-way located adjacent to the south portion of the Lot E of the NE1/4 NW1/4, all located in Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3150 E. Highway 44.

 

56.              No. 10RZ014 - First Reading, Ordinance 5595, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Jim Letner for a Rezoning from General Commercial District to Light Industrial District of a portion of Lot B of Lot 3 of Tract D of the SW¼ of the SW¼, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northeasterly corner of Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to a point on the southerly edge of the dedicated right-of-way of East St. Charles Street, and common to a point on the westerly edge of the dedicated right-of-way of Creek Drive, and the Point of Beginning: Thence, first course: S00º06’11”W, along the easterly boundary of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to the westerly edge of the right-of-way of said Creek Drive, a distance of 265.72 feet, to a point on the easterly boundary of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to a point on the westerly edge of the right-of-way of said Creek Drive; Thence, second course: N89º52’00”W, a distance of 581.46 feet, to a point on the westerly boundary of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to the easterly boundary of Lot A of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5; Thence, third course: N00º01’08”W, along the westerly boundary of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to the easterly boundary of said Lot A of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, a distance of 265.72 feet, to the northwesterly corner of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to the northeasterly corner of said Lot A of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, and common to a point on the southerly edge of the right-of-way of said East St. Charles Street; Thence, fourth course: S89º52’01”E, along the northerly boundary of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to the southerly edge of the right-of-way of said East St. Charles Street, a distance of 582.03 feet, to the northeasterly corner of said Lot B of Lot 3 of Tract D of the SW¼ of the SW¼ of Section 5, common to a point on the southerly edge of the dedicated right-of-way of East St. Charles Street, and common to a point on the westerly edge of the dedicated right-of-way of Creek Drive, and the Point of Beginning, located south of E. St. Charles Street and west of Creek Drive.

 

57.              No. 10RZ015 - First Reading, Ordinance 5596, 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 17 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2803 Cactus Drive.

 

58.              No. 10RZ020 - First Reading, Ordinance 5597, 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 30 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2706 Cactus Drive.

 

59.              No. LF031010-13 – First Reading, Ordinance No. 5591, An Ordinance Establishing the Downtown Business Improvement District by Adding Chapter 3.25 to the Rapid City Municipal Code. 

 

60.              No. LF022410-05 – Second Reading, Ordinance No. 5586, An Ordinance Repealing Chapter 1.08 of the Rapid City Municipal Code Relating to Wards and Precincts and Adopting a New Revised Chapter 1.08 of the Rapid City Municipal Code.

 

Growth Management Department Items

 

61.              No. 10PL006 - A request by Renner & Associates for Robert Akers for a Preliminary Plat on Lots 1R and 2R of Block 1 of East Mall Business Center Subdivision, located in the W1/2 of the NE1/4 and the E1/2 of the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 and 2 of Block 1 of East Mall Business Center Subdivision, located in the W1/2 of the NE1/4 and the E1/2 of the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of North LaCrosse Street between East Mall Drive and East Disk Drive.

 

Legal & Finance Committee Items

 

62.              No. LF031010-01 - Authorize Mayor and Finance Officer to sign Amended Agreement between the City of Rapid City and DTH, LLC to Allow for Acceptance of Public Improvements before the Completion of Sidewalks for Rainbow Ridge Subdivision. 

 

63.              No. LF031010-24 - Resolution Establishing a Moratorium on the Acceptance of Applications for and the Issuance of Certain Sign Permits 

 

64.              No. LF031010-05 – Recommend option C for additional access for the Star of the West Complex.

 

65.              No. LF031010-06 – Direct City Attorney‘s office to negotiate with Kenneth L. Kirkeby for Real Estate Listing Services Agreement for Wally Byam Property.   

 

66.              No. LF031010-07 – Approve Special Event Permit for Kirk Funeral Home for free downtown parking (movie day) from 9:00 a.m. to 1:00 p.m. on Friday, July 9, 2010; Friday, December 3, 2010; and Friday, December 10, 2010.   

 

67.              No. 10TP013 – Authorize Mayor and Finance Officer to sign the application documents and the letter of support for the Safe Routes to School Grant for Meadowbrook Elementary School in the amount of $175,000.  

 

Public Works Committee Items

 

68.              No. 10VE003 - Stoney Creek South Subdivision – Approve with stipulations a request by Sperlich Consutling, Inc. for J. Scull Construction for a Vacation of Private Access and Public Utility Easement on Lots 1A, 2A of Block 1 and Lot 7 of Block 2 of Stoney Creek South Subdivision, located in the NW1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of Catron Boulevard between Sheridan Lake Road and Bendt Drive. 

 

69.              No. 10FV001 - Original Town of Rapid City – Approve with sipulations a request by Wyss Associates for ATTA for a Fence Height Exception to allow a six foot fence in the front, side and rear yard set backs on Lots 1 thru 16 and the west half of the vacated Second Street abutting Lot 1 and the east half of that portion of the vacated Third Street abutting Lot 16 and the north half of the vacated alley, The north half of the Lots 17 thru 20 and the half of the alley abutting said Lots17 thru 20, The south half of Lots 17 thru 20 and the north half of the vacated Denver Street adjacent to said Lots 17 thru 20, Lots 21 thru 22, the south half of the vacated alley and the north half of the vacated Denver Street adjacent to said Lots 21 thru 22, Lots 23 thru 24, the south half of the vacated alley and the north half of the vacated Denver Street adjacent to said Lots 23 thru 24, Lots 25 thru 32, the west half of the vacated Second Street adjacent to said Lot 32, the south half of the vacated alley and the north half of vacated Denver Street adjacent to said Lots 25 thru 32, all of Block 8 of the Original Town of Rapid City, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of North Street between North Third Street and North Second Street. 

 

70.              Report on options for a neighborhood meeting on the Development at Catron Boulevard and 5th Street.

 

71.              No. PW030910-09 – Authorize Staff to Advertise for Bids for East St. Patrick Street Sidewalks, Project No. MIP09-1805 / CIP No. 50298.  Estimated cost:  $35,000.00.    

 

72.              No. PW030910-16 – Acknowledge the Report on Bidding and Bid Prices for Annual Maintenance Materials. 

 

Bids

 

73.              No. CC030110-02.9 - Landfill Leachate Removal and Remediation, Project No. LF07-1681 (Opened February 23, 2010) (Continued from March 1, 2010)

 

74.              No. CC031510-02.1 – Saint Andrew Street Reconstruction Lincoln Avenue to Elm Avenue – Project No. ST10-1803 / CIP No. 50714 (Opened March 9, 2010)

 

 

75.              No. CC031510-02.2 – Street Rehabilitation Project Arrow Street, Farlow Avenue and Culvert Street – Project No. ST10-1854 / CIP No. 50549 (Opened March 9, 2010)

 

76.              No. CC031510-02.3 – Landfill Gas Collection System – Project No. LF09-1795 (Opened March 9, 2010)

 

77.              No. CC031510-02.4 – Bus Shelter Renovation (Opened March 9, 2010)

 

78.              No. CC031510-02.5 – One (1) New Current Model Year Vacuum Street Sweeper for Street Division (Opened March 9, 2010)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

79.              Update on sales tax revenue, Alderman Kooiker

 

80.              2011 budget meetings, Alderman Kooiker

 

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 81 – 94

 

Open Public Hearing (comment) -- Items 81 – 94

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 81 – 86  

 

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

 

Continue the following items until April 5, 2010:

 

81.              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.

 

82.              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 5703 and 5707 Pioneer Circle.

 

83.              No. 10RZ008 - A request by City of Rapid City for a Rezoning from No Use District to General Commercial District on the east 88 feet of Lot D of the NE1/4 NW1/4 less Lot H1 and Lot 6 of Wood Subdivision, located in Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the west side of Elk Vale Road and north of School Drive.

 

84.              No. 10SV003 - A request by Renner & Associates for Randy Ruthford to consider an application for a Variance to the Subdivision Regulations to reduce the right-of-way width from 52 feet to 24 feet and to reduce the pavement width from 27 feet to 18 feet as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots A and B of Lot 9 of Lot 3 of Block 3 of the NE1/4 of the NW1/4, legally described as Lot 9 and the north 25 feet of Lot 10 of the Lot 3 of Block 3 of the NE1/4 of the NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2019 and 2021 Monte Vista Drive.

 

85.              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,  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.

 

Continue the following items until April 19, 2010:

 

86.              No. 10PD011 - A request by Dream Design International, Inc. for THF Stoneridge Development, LLC for a Planned Commercial Development - Initial Development Plan on a portion of the S½ of the NE¼, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at southeasterly corner of Lot 21 of Block 4 of Eastridge Estates Subdivision, common to the southwesterly corner of Lot 4 of Block 2 of Fifth Street Office Plaza, thence S89º37’17”E, along the southerly boundary of said Lot 4 of Block 2, a distance of 39.94 feet, and the point of beginning; Thence first course: S89º37’17”E, along the southerly boundary of said Lot 4 of Block 2,  a distance of 327.91 feet, to the southeasterly corner of said Lot 4 of Block 2, common to the southwesterly corner of Lot 3 of Block 2 of Fifth Street Office Plaza; Thence second course: S81º56’11”E, along the southerly boundary of said Lot 3 of Block 2,  a distance of 205.60 feet, to the southeasterly corner of said Lot 3 of Block 2, common to the southwesterly corner of Lot 2 of Block 2 of Fifth Street Office Plaza; Thence third course: S81º55’52”E, along the southerly boundary of said Lot 2 of Block 2, a distance of 60.98 feet, to a corner on the southerly boundary of said Lot 2 of Block 2; Thence fourth course: S72º01’35”E, along the southerly boundary of said Lot 2 of Block 2, a distance of 161.84 feet, to the southeasterly corner of said Lot 2 of Block 2; Thence fifth course: N17º47’24”E, along the easterly boundary of said Lot 2 of Block 2, a distance of 7.95 feet; Thence sixth course: S72º47’30”E, a distance of 215.27 feet; Thence seventh course: S12º34’57”W, a distance of 65.81 feet; Thence eighth course: S55º01’52”E, a distance of 472.79 feet; Thence ninth course: S00º19’04”W, a distance of 384.24 feet; Thence tenth course: S73º23’42”E, a distance of 44.41 feet, to a point on the northerly edge of Stumer Road right-of-way; Thence eleventh course: curving to the right, along the northerly edge of said Stumer Road right-of-way, on a curve with a radius of 369.50 feet, a delta angle of 35º02’55”, a length of 226.03 feet, a chord bearing of S72º48’06”W, and chord distance of 222.52 feet; Thence twelfth course: N89º40’48”W, along the northerly edge of said Stumer Road right-of-way, a distance of 730.69 feet; Thence thirteenth course: curving to the right, along the northerly edge of said Stumer Road right-of-way, on a curve with a radius of 369.50 feet, a delta angle of 30º00’39”, a length of 193.54 feet, a chord bearing of N74º39’10”W, and chord distance of 191.33 feet; Thence fourteenth: N59º42’02”W, along the northerly edge of said Stumer Road right-of-way, a distance of 434.65 feet; Thence fifteenth course: N30º09’50”E, a distance of 114.26 feet; Thence sixteenth course: N13º16’45”W, a distance of 109.95 feet; Thence seventeenth course: N12º34’56”E, a distance of 475.15 feet, to the point of beginning, located northwest of the intersection of Fifth Street and Stumer Road.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 81 – 94  

 

CONSENT PUBLIC HEARING ITEMS – None

 

Growth Management Items

 

Alcohol Licenses

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 87 – 94

 

87.              No. 10PD002 - Appeal of Planning Commission’s decision on a request by Britton Engineering and Land Surveying for Land and Marine Development, Inc., to consider an application for a Major Amendment to a Planned Residential Development for Lot 16 of Rockon on Ranch Estates, located in the N1/2 NE1/4 SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, More generally described as being located at the southwest corner of the intersection of Bunker Drive and Springsteen Lane. (Continued from March 1, 2010)

 

88.              No. 10RZ007 - Second Reading, Ordinance 5587, 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 on Lots 6 and 7 less Lot H1 of Block 2 of Johnson School Subdivision, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to Elk Vale Road between School Drive and Lancer Drive.

 

89.              No. 10RZ009 - Second Reading, Ordinance 5589, 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 Public District on Lot 1 of Well Addition less Lot H1 and less dedicated right-of-way, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3030 Orchard Lane.

 

90.              No. 10RZ010 - Second Reading, Ordinance 5590, 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 Lots 21 thru 23 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2811 Cactus Drive.

 

91.              No. 10SE001 - A request by City of Rapid City for Mark Olson and Leonard Novak for the Black Hills Farmers Market for a Special Exception to the Flood Area Construction Regulations on Tract 17 less Lot H1 (also in Section 34, T2N, R7E) of the Rapid City Greenway Tract, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1520 West Omaha.

 

92.              No. 10SE002 - A request by City of Rapid City for a Special Exception to the Flood Area Construction Regulations on Tract 17 less Lot H1 (Also in Section 34, T2N, R7E), of the Rapid City Greenway Tract, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1520 West Omaha Street.

 

93.              Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sewer along Disk Drive as they abut Lots 1 and 2 of Block 1 of East Mall Business Center Subdivision, located in the W1/2 of the NE1/4 and the E1/2 of the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of North LaCrosse Street between East Mall Drive and East Disk Drive. (10SV004)

 

94.              No. 10SV004 - A request by Renner & Associates for Robert Akers for a Variance to the Subdivision Regulations to waive the requirement to install water, sewer, sidewalk and street light conduit along the access easements, to reduce the width of the access easements from 59 feet to 35 feet and to waive the requirment to install sewer along a portion of Disk Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1R and 2R of Block 1 of East Mall Business Center Subdivision, located in the W1/2 of the NE1/4 and the E1/2 of the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 and 2 of Block 1 of East Mall Business Center Subdivision, located in the W1/2 of the NE1/4 and the E1/2 of the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of North LaCrosse Street between East Mall Drive and East Disk Drive.

 

BILLS

 

95.              No. CC031510-01 – Bill List for March 15, 2010

 

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

 

STAFF DIRECTION

 

ADJOURN