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., April 5, 2010

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for March 15, 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.

 

NON-PUBLIC HEARING ITEMS -- Items 1 – 78

 

Public Comment opened – Items 1 – 57

Public Comment closed

 

CONSENT ITEMS – Items 1 – 50

 

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 19, 2010)

 

1.                  Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for an event scheduled May 11, 2010 at Golden West Technologies, 2727 N. Plaza Drive.

 

2.                  MG Oil Company DBA Chances Casino, 1565 Haines Ave. Ste. D, for a Retail (on-off sale) Malt Beverage License TRANSFER from MG Oil Company DBA Warehouse Bar, 200 E. Main Street.

 

3.                  Charles Desmond DBA Ifrits Hookah Lounge, 725 St. Joseph Street, for a Retail (on-off sale) Wine License

 

4.                  Curry Masala Inc. DBA Curry Masala, 510 St. Joseph Street, for a Retail (on-off sale) Malt Beverage License

 

Public Works Committee Consent Items

 

5.                  No. PW033010-01 – Approve a Request from Centerline to Appeal the Denial of the Request for Exception to the Rapid City Design Standards to allow a Non Conforming Water Service Line allowing the same treatment to the west side of the lot that was previously approved for the east side of the lot.

 

6.                  No. PW033010-02 – Approve a Request from Renner and Associates to Appeal the Denial of the Request for Exception to the Rapid City Design Standards to allow a Non Conforming Water Service Line, but not to proceed until a “waiver of right to protest” has been signed.

 

7.                  No. PW033010-03 – Approve Change Order No. 1 to Highmark, Inc. for the E. St. Francis Street, E. St. Anne Street, Aspen Avenue, and E. Meade Street Water Main Reconstruction Project, Project No. W09-1810 / CIP No. 50626, for a decrease of $58,287.98. 

 

8.                  No. PW033010-04 – Authorize Staff to Advertise for Bids for the 2010 Roadway Pavement Marking Project, Project No. PM10-1861 / CIP No. 50593.  Estimated Cost:  $45,000.00.

 

9.                  No. PW033010-05 – Authorize Staff to Advertise for Bids for Saint Cloud Street Rehabilitation (7th Street to 5th Street), Project No. ST10-1851 / CIP No. 50549.  Estimated Cost:  $160,000.00. 

 

10.              No. PW030910-12 – Authorize Mayor and Finance Officer to Sign the Pipeline License Agreement #WL1080 between the City of Rapid City and the SD Department of Transportation for construction of a box culvert associated with the Knollwood Drainage Outfall Elements 2 and 20 Project, Project No. DR04-1390 / CIP No. 50312, for a one-time fee amount of $750.00. 

 

11.              No. PW033010-06 – Authorize Mayor and Finance Officer to Sign Addendum No. 1 to the Agreement with FMG, Inc. for construction observation services for the West Chicago Area Water Main Reconstruction Project, Project No. W08-1763 / CIP No. 50282, in the amount of $63,625.00. 

 

12.              No. PW033010-07 Authorize Mayor and Finance Officer to Sign Amendment No. 2 to the Contract Between the City of Rapid City and Solar Sound Corporation, dba Lighting Maintenance. (Maintenance Contract for City Street Lights Project No. ST06-1148.)

 

13.              No. PW033010-08 - Authorize Mayor and Finance Officer to Sign Permanent Utility Easement to Rapid City Area Schools District pertaining to Central High School Expansion.

 

14.              No. PW033010-09 – Authorize Mayor and Finance Officer to Sign Permanent Utility Easement to Montana-Dakota Utilities pertaining to Central High School Expansion. 

 

15.              No. PW033010-15A - Authorize Mayor and Finance Officer to Sign Permanent Utility Easement with Midcontinent Communications pertaining to Central High School Expansion.     

 

16.              No. PW033010-15B – Authorize Mayor and Finance Officer to Sign Permanent Utility Easement with Qwest Corporation pertaining to Central High School Expansion. 

 

17.              No. PW033010-14 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with Dream Design International, Inc. for the Omaha Pedestrian Crossing Relocation, Project No. ST10-1865 / CIP No. 50807, in the amount of $24,810.00.

 

18.              No. PW033010-15 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with Ferber Engineering Company, Inc. for the Canyon Lake Drive Reconstruction, Project No. WTP10-878 / CIP No. 50004, in the amount of $694,070.00.

 

19.              No. PW033010-16 – Authorize Mayor and Finance Officer to Sign Amendment No. 5 to the Agreement with Four Front Design (enVision) for the Red Rock Water Storage Reservoir, Project No. W03-1184 / CIP No. 50284, in the amount of $35,500.00.

 

20.              No. PW033010-17 – Authorize Staff to Seek Proposals for Engineering Services for County Heights Drainage Basin Design Plan Update, Project No. DR10-1870 / CIP No. 50757.  Estimated cost:  $50,000.00.

 

21.              No. PW033010-18 – Proceed with reinstalling the traffic signal at the intersection of East Saint Patrick Street and South Valley Drive.

 

22.              No. PW033010-19 – Acknowledge the Report from Bob Dominicak on Homestead Subdivision Drainage Deadline.

 

23.              No. 10RD001 - Approve a request by City of Rapid City for a Resolution for Road Name Change renaming a portion of Eglin Street to North Creek Drive on that portion of Eglin Street lying adjacent to Lot A, B and C in Menard Sub, the Balance of Tract B in the NW1/4, NE1/4, Less Lot H2, Section 32, T2N, R8E, Platted, the Railroad Right-of-Way, Lot 3 in Carefree Sub, Lot 1 and 2, Less Lot H1 in Carefree Sub all in the N1/2, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Century Road and the Interstate 90 Interchange, west of Dyess Avenue and north of East Anamosa Street. 

 

24.              No. 10RD002 - Approve a request by City of Rapid City for a Resolution for Road Name Change naming the unnamed right-of-way to Eglin Street on the previously unnamed portion of Lot PE1 of Lot “X” in the SE ¼, Section 29, T2N, R8E, and the right-of-way Lot H1 lying adjacent to Lots 1 and 2, in Carefree Sub, in the NE¼ of Section 32, T2N, R8E, and the Vacated Section Line Highway Adjacent to Lot “X”, and Lots 1 and 2, Carefree Sub, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southeast of the intersection of East North Street and Interstate 90 Interchange. 

 

25.              No. 10VE004 - Approve a request by Renner & Associates, LLC for Rapid City Area School District No. 1 for a Vacation of Utility Easement on Lots RU-302A and RU-302B of RU Subdivision located in the E1/2 of Section 35 and the W1/2 of Section 36, Sections 35 and 36, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of Rapid City Central High School, north of Omaha Street between West Boulevard North and North Mount Rushmore Road.

 

26.              No. 10VE006 - Acknowledge the request for withdrawal by Fisk Land Surveying & Consutling Engineers for Mandalay Homes, LLC to consider an application for a Vacation of Utility and Minor Drainage Easement on Lots 10 and 11 of South Pointe Subdivision, located in the NE1/4 NE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southeast of the intersection of Parkview Drive and E. Enchanted Pines Drive.

 

27.              No. 10VE007 - Approve a request by FMG, Inc. for RDSS Limited Partnership for a Vacation of Easement on Lot 1 of Block 3 of Rushmore Business Park, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 333 Concourse Drive.

 

28.              No. 10TP009 – Approve 2010-2014 Transportation Improvement Program Amendment No.10-003R.   

 

Legal & Finance Committee Consent Items

 

29.              No. LF033110-18 – Confirm appointment of Richard Proell to the RSVP Advisory Council.   

 

30.              No. LF033110-19 – Confirm appointment of Garry Black to the Green Cities Task Force to replace Roger Hall.   

 

31.              No. LF033110-20 – Confirm appointment of Duane Baumgartner, Pat Roseland and Shawn Krull to the Ad Hoc Dakota Middle School Review Committee.   

 

32.              No. LF033110-21 – Confirm reappointment of Barry Hjort and Susan Timmons to the Human Relations Commission for three year terms. 

 

33.              No. LF033110-22 – Confirm appointment of the Plumbing Board to serve as the 2009 Uniform Plumbing Code Ad Hoc Review Board.    

 

34.              No. LF033110-23 – Confirm appointment of Stephanie Casey, Cody Champion, Marc Feliz, Barry Hjort, Thomas Katus, Lisa Modrick, Russell Oubre, Rod Pettigrew, and Lysann Zeller to the Ad Hoc Billboard Task Force.

 

35.              No. LF033110-24 – Acknowledge report on the undesignated cash balance. 

 

36.              No. LF033110-25 – Acknowledge overview of the 2012 cash balance spreadsheet. 

 

37.              Request staff to bring forward a comprehensive plan amendment to the Southeast Area Future Land Use Plan to revise the plan to eliminate PRD overlay in the mobile home residential zoning districts located along South Valley Drive.

 

38.              No. LF033110-02 – Approve Event Permit for Rapid City Summer Nights, Inc. for closure of 7th Street from Kansas City Street to Main Street for Summer Nights.

 

39.              No. LF033110-16 – Authorize Mayor and Finance Officer to sign Amendment No.1 to State of South Dakota Historical Preservation Allocation Award between State Historical Preservation Office, Office of History and Rapid City Historic Preservation Commission for Project SD-09-015 Reallocating Funds in the amount of $6,500 in the Approved Historic Preservation Grant.   

 

40.              No. LF033110-17 – Find that all feasible and prudent alternatives to the demolition of the garage at 1011 St. Joseph Street have been pursued and that all possible planning to minimize harm to historic property has taken place. 

 

41.              No. 10TP014 – Approve Resolution (No. 2010-039) for Transportation Improvement Program Projects Funded by the Urban Systems Program in 2011– 2015.

 

42.              No. LF033110-03 – Approve Resolution No. 2010-035 Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property. 

 

43.              No. LF033110-04 – Approve Resolution No. 2010-034 Declaring Property Surplus. 

 

44.              No. LF033110-05 – Acknowledge the following list of volunteers for workmen’s compensation purposes:  Ron Buskerud, Jim Ketchen, Dave Bartling, Art Alleger, Mike Rowe, Andy Morse, Jim Gray, Don Simmons, Dean Deegoyer, Leroy Dipasquale, Bill Haberstroh, John Treick, Frank Osborne, Rich Fiero, Ron Auwerter, Dale Russel, Tim Kretschmer, Scott Francis, Tex Crossland, Carole Dowling, and Trysta Schadow.

 

45.              No. LF033110-06 – Authorize staff to advertise for bids for Founders Park Volleyball Courts Sand Replacement Project No. PR09-6009. 

 

46.              No. LF033110-07 – Authorize Mayor and Finance Officer to sign South Dakota Department of Transportation Application for Permit to Occupy Right of Way Encroachment.

 

47.              No. LF033110-08 – Authorize Mayor and Finance Officer to sign Agreement Between the City of Rapid City and Doeck, LLC for the Completion of Subdivision Improvements.   

 

48.              No. LF033110-11 – Approve Resolution (No. 2010-037) of Necessity for the Acquisition of Private Property to be Used as Public Right of Way and as a Permanent Drainage Easement for Creek Drive through the Exercise of Eminent Domain. 

 

49.              No. LF033110-14 – Approve request from Sandra F. Curtis, d/b/a Granny’s Goodies for 2010 Ice Cream Vending License. 

 

50.              No. LF033110-15 – Acknowledge raffle request from Harney League Sports. 

 

Growth Management Department Consent Items (None)

 

END OF CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 51 – 57

 

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

 

Continue the following items until April 19, 2010:

 

51.              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.

 

52.              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.

 

53.              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.

 

54.              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.

 

55.              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.

 

56.              No. 10PL005 - A request by Renner & Associates for Randy Ruthford for a Preliminary Plat on Lots 1 and 2 of Monte Vista Subdivision located in the NE1/4 of the NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 9 and the north 25 feet of Lot 10 of Block 3 of Lot 3 of the NE1/4 of the NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2019 and 2021 Monte Vista Drive.

 

57.              No. 10PL012 - A request by Renner & Associates for Randy Ruthford for a Layout Plat on Lot A of Lot 24 of Acre Tract and Lot 3R of Block 6 of Pleasant Valley Subdivision, located in the SW1/4 of the SW1/4, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the W1/2 of Lot 24 of Acre Tract and Lot 3 of Block 6 of Pleasant Valley Subdivision, located in the SW1/4 of the SW1/4, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 204 South Canyon Road and 213 Philip Drive.

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 58 – 78

 

Public Comment opened – Items 58 – 78

Public Comment closed

 

Ordinances

 

58.              No. LF033110-13 – First Reading, Ordinance No. 5598, An Ordinance to Revise the Penalty for Reckless and Careless Driving by Amending Section 10.12.340 of the Rapid City Municipal Code.

 

59.              No. 10RZ008 - First Reading, Ordinance 5588, 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 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.

 

60.              No. 10RZ016 - First Reading, Ordinance 5600, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for THF Stoneridge Development, LLC for a Rezoning from Office Commercial District to General Commercial District of 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 the southwesterly corner of Lot 3 of Block 2 of Fifth Street Office Plaza, common to the southeasterly corner of Lot 4 of Block 2 of Fifth Street Office Plaza, thence S81º56’11”E, along the southerly boundary of said Lot 3, a distance of 175.21 feet, to the point of beginning; Thence first course: S81º56’11”E, along the southerly boundary of said Lot 3, a distance of 30.39 feet, to the southeasterly corner of said Lot 3, common to the southwesterly corner of Lot 2of  Block 2 of Fifth Street Office Plaza; Thence second course: S81º55’52”E, along the southerly boundary of said Lot 2, a distance of 60.98 feet, to a corner on the southerly boundary of said Lot 2; Thence third course: S72º01’35”E, along the southerly boundary of said Lot 2, a distance of 161.84 feet, to the southeasterly corner of said Lot 2; Thence fourth course: N17º47’24”E, along the easterly boundary of said Lot 2, a distance of 2.28 feet; Thence fifth course: curving to the left, on a curve with a radius of 220.67 feet, a delta angle of 09º04’29”, a length of 34.95 feet, a chord bearing of S07º51’03”W, and chord distance of 34.92 feet; Thence sixth course: S03º19’17”W, a distance of 6.07 feet; Thence seventh course: N83º19’13”W, a distance of 116.68 feet; Thence eighth course: N54º45’41”W, a distance of 151.94 feet, to the point of beginning, located north of Stumer Road and south of Fifth Street.

 

61.              No. 10RZ017 - First Reading, Ordinance 5601, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for THF Stoneridge Development, LLC for a Rezoning from Office Commercial District to General Commercial District of  a portion of the SW¼ 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 S54º58’38”E, a distance of 42.23 feet, to the point of beginning; Thence first course: S89º44’01”E, a distance of 29.43 feet; Thence second course: N80º14’20”E, a distance of 61.38 feet; Thence third course: S00º00’01”E, a distance of 397.37 feet; Thence fourth course: N89º44’34”W, a distance of 176.15 feet; Thence fifth course: N12º34’56”E, a distance of 395.82 feet, to the point of beginning, located northeast of the intersection of Stumer Road and Black Hills Boulevard.

 

62.              No. 10RZ018 - First Reading, Ordinance 5602, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for THF Stoneridge Development, LLC for a Rezoning from Public District to General Commercial District of 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 the southwesterly corner of Lot 3 of Block 2 of Fifth Street Office Plaza, common to the southeasterly corner of Lot 4 of Block 2 of Fifth Street Office Plaza, thence S81º56’11”E, along the southerly boundary of said Lot 3, a distance of 65.73 feet, to the point of beginning; Thence First course: S81º56’11”E, along the southerly boundary of said Lot 3, a distance of 109.48 feet; Thence Second course: S54º45’40”E, a distance of 151.94 feet; Thence Third course: S83º19’13”E, a distance of 383.89 feet; Thence Fourth course: S06º40’47”W, a distance of 50.00 feet; Thence Fifth course: N83º19’18”W, a distance of 396.61 feet; Thence Sixth course: N54º45’41”W, a distance of 262.07 feet, to the point of beginning, located north of Stumer Road and west of Fifth Street.

 

63.              No. 10RZ019 - First Reading, Ordinance 5603, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for THF Stoneridge Development, LLC for a Rezoning from General Commercial District to Public District of a portion of the E½ of the NE¼, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Lot 1 of Block 2 of Fifth Street Office Plaza, common to the northeasterly corner of Lot 2 of Block 2 of Fifth Street Office Plaza, common to a point on the southerly edge of Fifth Street right-of-way, thence S62º29’41”E, along the northerly boundary of said Lot 1, common to the southerly edge of said Fifth Street right-of-way, a distance of 268.61 feet, to the point of beginning; Thence First course:  S62º29’41”E, along the northerly boundary of said Lot 1, common to the southerly edge of said Fifth Street right-of-way a distance of 203.98 feet; Thence Second course: S27°26’24”W, a distance of 200.74 feet; Thence Third course: N83º19’13”W, a distance of 218.49 feet; Thence Fourth course: N27º30’19”E, a distance of 278.42 feet, to the point of beginning, located north of intersection of Parkview Drive and Fifth Street on the west side of Fifth Street.

 

64.              No. 10RZ023 - First Reading, Ordinance 5604, 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 Low Density Residential District of Lots 1 thru 5 of Wood Subdivision, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of S.D. Highway 79 and School Drive and west of Elk Vale Road.

 

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

 

Growth Management Department Items (None)

 

Legal & Finance Committee Items

 

66.              Update on City website changes

 

67.              No. LF033110-09 – Authorize Mayor and Finance Officer to sign Amendment to Agreement between the City of Rapid City and DTH, LLC Regarding the Project Responsibilities and Project Cash Flow and the Construction of a Water Reservoir and Water Booster Station for Tax Increment District 54 Rainbow Ridge. 

 

68.              No. LF033110-10 – Authorize Mayor and Finance Officer to sign Third Amended Developer’s Agreement for TIFD 54 Rainbow Ridge.  

 

Public Works Committee Items

 

69.              No. PW030910-01 – A Request for Water Funding Allocation for the Lemmon Avenue Community Garden – Lemmon Avenue Block Club and NeighborWorks Dakota Home Resources. 

 

70.              No. LF031010-01 – Authorize Mayor and Finance Officer to Sign the sign an 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. 

 

71.              No. 09VE009 - Approve with stipulations a request by Davis Engineering, Inc. for a Vacation of a portion of a Major Drainage Easement on Lots 8 and 9 of Block 6 of Murphy Ranch Estates Subdivision, located in the NE1/4 NW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at 6187 Flintlock Court. 

 

72.              No. 10FV002 - Approve with stipulations a request by FourFront Design, Inc. for Eagle Ridge Properties, LLC for a Fence Height Exception to allow a six foot high fence within the 25 foot front yard setback on Lots 2A and 2B of Block 1 of Black Hills Center, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 121 Stumer Drive. 

 

73.              No. 10VE005 - Approve with stipluations a request by Renner & Associate, LLC for Rapid City Area School District No. 1 for a Vacation of Utility Easement on Tract 19 less Lot H-1 of Rapid City Greenway Tract, located in the E1/2 of Section 35, and the W1/2 of Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of Rapid City Central High School, north of Omaha Street between West Boulevard North and North Mount Rushmore Road.

 

Bids

 

74.              No. CC040510-02.1 – One (1) New Current Model Year One Ton Truck (Opened March 30, 2010)

 

75.              No. CC040510-02.2 – Oak Avenue, Oak Drive, and Oakland Street, Street Reconstruction Project Phase Two – Project Four, Project No. ST09-1824 / CIP No. 50424 (Opened March 30, 2010)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

76.              Year of Unity Celebration, Alderman Hadcock

 

77.              Review of Council Notification Procedures, Aldermen Kooiker, Weifenbach and Martinson

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

78.              No. CC040510-03 – Vision 2012 Report

 

Appeals

 

DARB

 

License application appeals

 

Sign Code Appeals

 

Other Appeals Heard by the Council

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 79 – 95

 

Open Public Hearing (comment) -- Items 79 – 95

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 79 – 87

 

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

 

Continue the following items until April 19, 2010:

 

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. 10CA002 - A request by Jim Letner for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Commercial with a Planned Commercial Development to Light Industrial on 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.

 

82.              No. 10RZ014 - A request by Jim Letner for a Rezoning from General Commercial District to Light Industrial District on 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.

 

83.              No. 10RZ011 - A request by City of Rapid City for a Rezoning from No Use District to Mobile Home Residential District on 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.

 

84.              No. 10RZ015 - A request by City of Rapid City for a Rezoning from No Use District to Mobile Home Residential District on Lot 17 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2803 Cactus Drive.

 

85.              No. 10RZ020 - A request by City of Rapid City for a Rezoning from No Use District to Mobile Home Residential District on Lot 30 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2706 Cactus Drive.

 

86.              No. 10SV003 - A request by Renner & Associates for Randy Ruthford 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 on Lots 1 and 2 of Monte Vista Subdivision located in the NE1/4 of the NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 9 and the north 25 feet of Lot 10 of Block 3 of Lot 3 of the NE1/4 of the NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2019 and 2021 Monte Vista Drive.

 

87.              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.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 79 – 95

 

CONSENT PUBLIC HEARING ITEMS – Item 88 – 92

 

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

 

Growth Management Items

 

88.              No. 10CA003 – Approve a request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Mobile Home Residential with a Planned Residential Development to Low Density Residential on Lot 5 of Melody Acres, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota and Lot 3M of Melody Acres, Section 9, T1N, R8E, BHM, Pennington County, South Dakota, located at 3010 and 2990 South Valley Drive.

 

89.              No. 10CA004 – Approve a request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Commercial to Low Density Residential on Lots 1 thru 5 of Wood Subdivision, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along the north side of School Drive west of Elk Vale Road.

 

Alcohol Licenses

 

90.              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.

 

91.              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.

 

92.              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.

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 93 – 95

 

93.              No. 10RZ012 - Second 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 on 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.

 

94.              No. 10RZ013 - Second 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 on 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.

 

95.              No. 10SE003 - A request by Hills Alive Festival for a Special Exception to the Flood Area Construction Regulations on Tract 20 less Lot H1 of the Rapid City Greenway Tract, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Omaha Street between North Mount Rushmore Road and Fifth Street in Memorial Park.

 

BILLS

 

96.              No. CC040510-01 – Bill List for April 5, 2010

 

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

 

STAFF DIRECTION

 

ADJOURN