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City Council Policies and Procedures

 

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

7:00 P.M., April 19, 2010

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for April 5, 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 68A

 

Public Comment opened Items 3 49

Public Comment closed

 

CONSENT ITEMS Items 3 39

 

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

 

Alcoholic Beverage License Applications Set for Hearing (None)

 

Public Works Committee Consent Items

 

3.                  Acknowledge and adopt the 2020 Strategic Plan: A Clear Vision for Rapid Citys Future.

 

4.                  Direct staff to install gates, bollards, and rock within the Thrush Drive right-of-way.

 

5.                  Acknowledge the report on the Status of Street Design Criteria Manual.

 

6.                  No. PW041310-01 Acknowledge the report on the Black Hills Power Rate Increase.

 

7.                  Acknowledge the report on the Review of Council Notification Procedures.

 

8.                  Refer TIF Amendments and Interest Rates to the April 27, 2010, Tax Increment Financing Guidelines Review Committee.

 

9.                  No. PW041310-02 Approve Change Order No. 3 to Rangel Construction Co. LLC for Fire Station No. 7, Project No. FD08-1767, for an increase of $2,497.93.

 

10.              No. PW041310-03 Authorize Staff to Advertise for Bids for the Knollwood Drainage Outfall Elements 2 & 20, Project No. DR04-1390 / CIP No. 50312.  Estimated cost:  $2,160,000.00.

 

11.              No. PW041310-04 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to the Agreement with Dream Design International, Inc. for Heights Drive Sanitary Sewer Extension, Project No. SS09-1831 / CIP No. 50777, in the amount of $30,630.00.

 

12.              No. PW041310-05 Authorize Staff to submit grant application (amendment) to the Federal Transit Administration for operating assistance for the balance of CY 2010.

Legal & Finance Committee Consent Items

 

13.              No. LF041410-02 Approve request by Destination Rapid City of two locations (Second and Main and Ninth and St. Joe) for information kiosks in the downtown area.  

 

14.              Acknowledge update on the 2020 Strategic Plan: A Clear Vision for Rapid Citys Future. 

 

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

 

16.              Acknowledge the report regarding the evaluation of the reorganization of second floor. 

 

17.              No. LF041410-03 Acknowledge Capital Improvements Program Committee monthly update for March 2010.  

 

18.              No. LF041410-04 Approve the Capital Plan for Streets, Drainage and MIP Projects. 

 

19.              No. LF041410-05 Approve carry forward of the following funds for 2009 Government Buildings: Roof Replacement Projects $333,000.00, VIC Sidewalk and Patio Replacement $15,000.00, ADA Upgrade for Restrooms CSAC $21,000.00, Audio Visual Upgrades in Council Chambers $63,982.77, PETT FF&E $74,831.41, Library ILS System $95,000.00 and Virtualization Phase III/DOT Fiber Project $59,000.00. 

 

20.              Approve the reallocation of funds from Server Virtualization Phase 3 back to the Audio Visual Project ($59,000.00 - $8,745.68).  

 

21.              No. LF041410-06 Approve 2009 carry forward funds for Parks and Recreation CIP line item totaling $1,312,781.17. 

 

22.              No. LF041410-07 Approve the Five Year Plan for Parks and Recreation CIP Fund.  

 

23.              No. LF041410-21 Approve the following appointments to the 2012 Phase 4 Citizen Committees: Municipal Infrastructure: Scott Amos, Eric L. James, Richard Leir, Linda Rabe, Heather Smith, Sam Kooiker, Aaron Costello, and Ron Kroeger (alternates: Jon Johnson and Michael OConnor; facilitator: Lloyd LaCroix); Economic Development: Dale Boydston, Cody Champion, Gary Drews, John Lofberg, Suzanne Wilson, Karen Gundersen Olson, Patti Martinson, and Malcom Chapman (alternates: Mel Dreyer and Matt Norman; facilitator: Lloyd LaCroix); Civic Improvement: Linda Anderson, Vesta Wells Johnson, Margaret Skillman, Charles K. (Ken) Staley, Gladys Storm, Ron Weifenbach, Deb Hadcock, and Bill Waugh (alternates: Marli Erickson and Kathleen Mayes; facilitator: Lloyd LaCroix).

 

24.              No. LF041410-08 Approve Event Permit for American Cancer Society to hold Paint the Town Purple on June 3, 2010, at 3:00 p.m.  

 

25.              No. LF041410-09 Authorize Mayor and Finance Officer to sign Agreement between Ellsworth Air Force Base Fire Department and the Rapid City Fire Department for Mutual Aid in Fire Protection and Hazardous Materials Incidents Response. 

 

26.              No. LF041410-10 Approve Resolution No. 2010-040 Writing Off Uncollectable Ambulance Billing Accounts.  

 

27.              No. LF041410-11 - Authorize the Growth Management Director to sign the 2010-2011 Certified Local Government Grant Application in the amount of $10,000. 

 

28.              No. 10TP015 Authorize Mayor and Finance Officer to sign the Time Extension of the 2009 Agreement between the City of Rapid City and the City of Box Elder for Accomplishing the Rapid City Area Transportation Planning Process. 

 

29.              No. 10TP016 Authorize Mayor and Finance Officer to sign the Time Extension of the 2009 Agreement between the City of Rapid City and Meade County for Accomplishing the Rapid City Area Transportation Planning Process. 

 

30.              Acknowledge the following volunteers for workmens compensation purposes: Chloe Murphy. Second by Weifenbach.

 

31.              No. LF041410-14 Approve Resolution No. 2010-046 Declaring Property Surplus. 

 

32.              No. LF041410-15 Authorize Mayor and Finance Officer to sign Addendum to Memorandum of Agreement between the City of Rapid City and Destination Rapid City. 

 

33.              No. LF041410-16 Authorize Mayor and Finance Officer to sign Agreement with Kenneth L. Kirkeby for Real Estate Broker Services. 

 

34.              No. LF041410-17 Acknowledge report regarding professional service contracts entered into in the first quarter of 2010 under $25,000. 

 

35.              No. LF041410-18 Acknowledge raffle request from Western Dakota Tech. 

 

36.              No. LF041410-20 Acknowledge raffle request from Chamber of Commerce. 

 

37.              No. LF041410-22 Acknowledge raffle request from South Dakota Dental Foundation. 

 

38.              No. LF041410-19 Approve property tax abatement for First Evangelical Free Church of Rapid City for 2009 in the amount of $17,275.08. 

 

Growth Management Department Consent Items

 

39.              No. 10PL007 Acknowledge withdrawal of a request by Dream Design International, Inc. for THF Stoneridge Development, LLC for a Layout Plat on Lots 1 thru 4 of Block 4 and 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 NE, 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: S895159E, 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: S893610E, 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: S894039E, 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: S894011E, 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: S893717E, 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: S815611E, 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: S815552E, 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: S720135E, 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: N174724E, 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: S734828E, 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: N385034E, 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: S622905E, 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 141245, a length of 225.48 feet, a chord bearing of S552316E, and chord distance of 224.91 feet; Thence fourteenth course: S425826W, 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 334802, a length of 529.17 feet, a chord bearing of S312349E, and chord distance of 521.53 feet, to a point on the northerly edge of Stumer Road right-of-way; Thence sixteenth course: S785025W, along the northerly edge of said Stumer Road right-of-way, a distance of 27.69 feet; Thence seventeenth course: S111734E, along the northerly edge of said Stumer Road right-of-way, a distance of 19.61 feet; Thence eighteenth course: S784030W, 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 313812, a length of 237.71 feet, a chord bearing of S625356W, 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 431537, a length of 278.99 feet, a chord bearing of S684145W, and chord distance of 272.41 feet; Thence twenty-first course: N894048W, 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 300039, a length of 193.54 feet, a chord bearing of N743910W, and chord distance of 191.33 feet; Thence twenty-third: N594202W, along the northerly edge of said Stumer Road right-of-way, a distance of 434.65 feet; Thence twenty-fourth course: N593719W, along the northerly edge of said Stumer Road right-of-way, a distance of 190.11 feet; Thence twenty-fifth course: N610658W, along the northerly edge of said Stumer Road right-of-way, a distance of 179.95 feet; Thence twenty-sixth course: N593727W, 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: N301720E, 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: N001007E, 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 CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS Items 40 49

 

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

 

Continue the following items until May 3, 2010:

 

40.              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.

 

41.              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.

 

42.              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.

 

43.              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.

 

44.              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.

 

45.              No. 10PL011 - A request by Doug Noyes for a Preliminary Plat on Lots 1 and 2 of Noyes Subdivision, located in Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots A, B, D & E of replat of Lot 13 of Block 31 of Boulevard Addition and a portion of Fairview Street Right-of-way, located in Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Clark Street, west of 12th Street and the eastern terminus of Forest Hills Drive connecting with Clark Street.

 

46.              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.

 

47.              No. 10PL014 - A request by Fisk Land Surveying & Consulting Engineers for Darryl Johnson for a Preliminary Plat on Lots 14A and 14B of Lot 14 of Feay Reder Subdivision, located in the N1/2 NW1/4 of Section 36, T1N, R6E, BHM, Pennington County, South Dakota, legally described as Lot 14 of Feay Reder Subdivision, located in the N1/2 NW1/4 of Section 36, T1N, R6E, BHM, Pennington County, South Dakota, located at 9850 Sheridan Lake Road.

 

48.              No. 10PL015 - A request by Bob Brandt for Rushmore Properties, LLC for a Preliminary Plat on Lot 10A and Lot 10B of Block 2 of Settlers Creek Townhomes, located in the N1/2 SE1/4 of Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted parcel located in the N1/2 SE1/4 of Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1400 Philadelphia Street.

 

49.              No. 10PL016 - A request by Sperlich Consulting, Inc. for Scott Weyer of Weyer Creations for a Layout Plat on Lots A thru E of Lot 1 of Judicial Lot 4 of Norman Ranch Subdivision, located in the NW1/4 of the NW1/4, Section 28, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 1 of Judicial Lot 4, located in the NW1/4 of the NW1/4, Section 28, T1N, R8E, BHM, Pennington County, South Dakota, located approximately 1.424 miles southwest of the intersection of Old Folsom Road and S.D. South Highway 79.

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS Items 50 68A

 

Public Comment opened Items 50 68A

Public Comment closed

 

Ordinances

 

50.              No. LF041410-13 First Reading, Ordinance 5605, An Ordinance Regarding Supplemental Appropriation No. 3 for 2010.

 

51.              No. LF033110-13 Second 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.  

 

52.              No. 10RZ029 - First Reading, Ordinance 5606, 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 Lot 5 of Melody Acres, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3010 South Valley Drive.

 

53.              No. 10RZ030 - First Reading, Ordinance 5607, 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 Agriculture District of Lots 33 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2802 Cactus Drive.

 

54.              No. 10RZ031 - First Reading, Ordinance 5608, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Larry Nelson for a Rezoning from Low Density Residential District to Medium Density Residential District of all of Block 11 of Mahoney Addition, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 229 Lindbergh Avenue.

 

55.              No. 10RZ032 - First Reading, Ordinance 5609, 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 the east 88 feet of Lot D of the NE1/4 NW1/4 less Lot H1 and Lot 6 of Wood Subdivision, 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.

 

Growth Management Department Items

 

56.              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.

 

57.              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.

 

Legal & Finance Committee Items

 

58.              No. LF041410-12 Request the Finance Office to bring the original figures presented during the budget discussions regarding electricity increases to the April 19, 2010, City Council meeting for further discussion.  

 

59.              No. LF041410-24 Authorize the Mayor and Finance Officer to sign Letter of Confirmation of Mutual Agreement with St. Joe Investment Group, LLC.  

 

Public Works Committee Items

 

60.              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. (Continued from the April 5, 2010 City Council meeting.)

 

61.              No. PW041310-10A - Authorize Mayor and Finance Officer to Sign the Letting Authorization for the Eglin Street Extension, Project No. ST05-1470 / CIP No. 50560. SDDOT Project No. P 1650(00) PCN 005Q.

 

62.              No. PW041310-10B - Authorize Mayor and Finance Officer to Sign the Utilities & Environmental Clearance Certificate for the Eglin Street Extension, Project No. ST05-1470 / CIP No. 50560. SDDOT Project No. P 1650(00) PCN 005Q.

 

63.              No. PW041310-10C - Authorize Mayor and Finance Officer to Sign the Right-Of-Way Certificate for the Eglin Street Extension, Project No. ST05-1470 / CIP No. 50560. SDDOT Project No. P 1650(00) PCN 005Q.

 

64.              No. PW041310-10D - Authorize Mayor and Finance Officer to Sign the Agreement for Voluntary Right-Of-Way Donation document from the National Relief charities for the Eglin Street Extension, Project No. ST05-1470 / CIP No. 50560. SDDOT Project No. P 1650(00) PCN 005Q.

 

65.              No. 10EX033 Request to waive the requirement to install sidewalk per City Ordinance 12.16.080 - Powwow Gardens and Indian Art Market in the Original Town of Rapid City. Kroeger moved, second by Waugh to require that the sidewalk be installed on North Street, the curb return on the northeast corner of 3rd Street and vacated Denver Street shall be installed, and that the sidewalk along the south side of vacated Denver Street between the existing sidewalk and the proposed curb ramp shall be installed.

 

Bids

 

66.              No. CC041910-02.1 West Chicago Area Water Main Reconstruction - Project No. W08-1763 / CIP No. 50282 (Opened April 12, 2010)

 

67.              No. CC041910-02.2 East North Street Maintenance Project Project No. ST10-1867 / CIP No. 50445 (Opened April 12, 2010)

 

68.              No. CC041910-02.3 One (1) New Current Model Year Pothole Patch Truck (Opened April 12, 2010)

 

Mayors Items

 

Council Items & Liaison Reports

 

68A.              Return of Application Fees to Melody Acre Residents, Aldermen Hadcock, Kroeger and Weifenbach


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 69 91

 

Open Public Hearing (comment) -- Items 69 91

 

CONTINUED PUBLIC HEARING CONSENT ITEMS Items 69 80

 

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

 

Continue the following items until May 3, 2010:

 

69.              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 8 feet of Block 103, the west 50 feet less the north 8 feet of Block 102, the east 115 feet less the north 8 feet of Block 102 all in Mahoney Addition No. 2, located in the SE of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 125, 131 and 133 MacArthur.

 

70.              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.

 

71.              No. 10RZ014 - Second 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 on a portion of Lot B of Lot 3 of Tract D of the SW of the SW, 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 SW of the SW 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: S000611W, along the easterly boundary of said Lot B of Lot 3 of Tract D of the SW of the SW 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 SW of the SW of Section 5, common to a point on the westerly edge of the right-of-way of said Creek Drive; Thence, second course: N895200W, 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 SW of the SW of Section 5, common to the easterly boundary of Lot A of Lot 3 of Tract D of the SW of the SW of Section 5; Thence, third course: N000108W, along the westerly boundary of said Lot B of Lot 3 of Tract D of the SW of the SW of Section 5, common to the easterly boundary of said Lot A of Lot 3 of Tract D of the SW of the SW 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 SW of the SW of Section 5, common to the northeasterly corner of said Lot A of Lot 3 of Tract D of the SW of the SW 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: S895201E, along the northerly boundary of said Lot B of Lot 3 of Tract D of the SW of the SW 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 SW of the SW 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.

 

72.              No. 10RZ011 - Second 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 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.

 

73.              No. 10RZ015 - Second 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 on Lot 17 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2803 Cactus Drive.

 

74.              No. 10RZ020 - Second 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 on Lot 30 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2706 Cactus Drive.

 

75.              No. 10SV005 - A request by Fisk Land Surveying & Consulting Engineers for Darryl Johnson for a Variance to the Subdivision Regulations to waive the requirement to dedicate right-of-way, construct pavement, curb, gutter, sidewalk, street light conduit, water, sewer along the Section Line Highway, and to reduce the required pavement width from 48 feet to 22 feet, to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer along Sheridan Lake Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 14A and 14B of Lot 14 of Feay Reder Subdivision, located in the N1/2 NW1/4 of Section 36, T1N, R6E, BHM, Pennington County, South Dakota, legally described as Lot 14 of Feay Reder Subdivision, located in the N1/2 NW1/4 of Section 36, T1N, R6E, BHM, Pennington County, South Dakota, located at 9850 Sheridan Lake Road.

 

76.              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 May 17, 2010:

 

77.              No. 10CA005 - A request by Dream Design International, Inc. for THF Stoneridge Development, LLC for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Office Commercial with a Planned Commercial Development to General Commercial with a Planned Commercial Development on a portion of the SW of the NE, 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 S545838E, a distance of 42.23 feet, to the point of beginning; Thence first course: S894401E, a distance of 29.43 feet; Thence second course: N801420E, a distance of 61.38 feet; Thence third course: S000001E, a distance of 397.37 feet; Thence fourth course: N894434W, a distance of 176.15 feet; Thence fifth course: N123456E, a distance of 395.82 feet, to the point of beginning, located northeast of the intersection of Stumer Road and Black Hills Boulevard.

 

78.              No. 10CA006 - A request by Dream Design International, Inc. for THF Stoneridge Development, LLC for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Office Commercial with a Planned Commercial Development to General Commercial with a Planned Commercial Development on a portion of the S of the NE, 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 S815611E, along the southerly boundary of said Lot 3, a distance of 175.21 feet, to the point of beginning; Thence first course: S815611E, 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: S815552E, 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: S720135E, 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: N174724E, 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 090429, a length of 34.95 feet, a chord bearing of S075103W, and chord distance of 34.92 feet; Thence sixth course: S031917W, a distance of 6.07 feet; Thence seventh course: N831913W, a distance of 116.68 feet; Thence eighth course: N544541W, a distance of 151.94 feet, to the point of beginning, located north of Stumer Road and south of Fifth Street.

 

79.              No. 10CA007 - A request by Dream Design International, Inc. for THF Stoneridge Development, LLC for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Public to General Commercial with a Planned Commercial Development on a portion of the S of the NE, 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 S815611E, along the southerly boundary of said Lot 3, a distance of 65.73 feet, to the point of beginning; Thence First course: S815611E, along the southerly boundary of said Lot 3, a distance of 109.48 feet; Thence Second course: S544540E, a distance of 151.94 feet; Thence Third course: S831913E, a distance of 383.89 feet; Thence Fourth course: S064047W, a distance of 50.00 feet; Thence Fifth course: N831918W, a distance of 396.61 feet; Thence Sixth course: N544541W, a distance of 262.07 feet, to the point of beginning, located north of Stumer Road and west of Fifth Street.

 

80.              No. 10CA008 - A request by Dream Design International, Inc. for THF Stoneridge Development, LLC for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Commercial with a Planned Commercial Development to Public on a portion of the E of the NE, 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 S622941E, 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: S622941E, 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: S272624W, a distance of 200.74 feet; Thence Third course: N831913W, a distance of 218.49 feet; Thence Fourth course: N273019E, a distance of 278.42 feet, to the point of beginning, located at the intersection of Stumer Road and Fifth Street.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 69 91

 

CONSENT PUBLIC HEARING ITEMS Item 81 85

 

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

 

Growth Management Items

  

81.              No. 10CA009 - Approve a request by City of Rapid City for an Amendment to the Comprehensive Plan to adopt the Red Dale Drainage Basin Design Plan on the Red Dale Drainage Basin located in all or portions of Sections 3, 4, 5, 6, 8 and 9 and 10, T1N, R7E, BHM, Pennington County, South Dakota, more generally described as being located north of Jackson Boulevard and west of 32nd Street.

 

Alcohol Licenses

 

82.              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.

 

83.              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.

 

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

 

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

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS Items 86 91

 

86.              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 SW of the SW, 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 SW of the SW 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: S000611W, along the easterly boundary of said Lot B of Lot 3 of Tract D of the SW of the SW 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 SW of the SW of Section 5, common to a point on the westerly edge of the right-of-way of said Creek Drive; Thence, second course: N895200W, 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 SW of the SW of Section 5, common to the easterly boundary of Lot A of Lot 3 of Tract D of the SW of the SW of Section 5; Thence, third course: N000108W, along the westerly boundary of said Lot B of Lot 3 of Tract D of the SW of the SW of Section 5, common to the easterly boundary of said Lot A of Lot 3 of Tract D of the SW of the SW 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 SW of the SW of Section 5, common to the northeasterly corner of said Lot A of Lot 3 of Tract D of the SW of the SW 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: S895201E, along the northerly boundary of said Lot B of Lot 3 of Tract D of the SW of the SW 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 SW of the SW 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.

 

87.              No. 10UR004 An Appeal of Planning Commissions decision request by Lamar Advertising for a Conditional Use Permit to allow an electronic billboard on Lot 9 of Lot K-3, less Lot H-1 of Marshall Heights Tract, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located 532 East Anamosa Street.

 

88.              No. 10UR005 - An Appeal of Planning Commissions decision request by Lamar Advertising for a Conditional Use Permit to allow an electronic billboard on Lots 1 thru 3 of Block 11 of Boulevard Addition, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1602 Mt. Rushmore Road.

 

89.              No. 10RZ023 - Second 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 on 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.

 

90.              Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for street improvements as they abut 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. (10SV003)

 

91.              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.

 

BILLS

 

92.              No. CC041910-01 - Bill List for April 19, 2010

 

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

 

STAFF DIRECTION

 

ADJOURN