AGENDA FOR THE CITY COUNCIL
ROLL CALL AND DETERMINATION
OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
APPROVE MINUTES for
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
1 – 114
Public Comment opened – Items 1 – 94
Public Comment closed
CONSENT ITEMS – Items 1 – 83
Remove Items from the “Consent Items”
and Vote on Remaining Consent Items
Vacations of Right-Of-Way Set for Hearing (
1.
No.
10VR002 - A request by Dream Design International, Inc. for a Vacation of
Right-of-way of a portion of the Racine
Street right-of-way, located in the SE1/4 of the SW1/4, Section 31, T2N, R8E,
BHM, Rapid City, Pennington County, South Dakota, located on Racine Street north of East Omaha Street between South
Waterloo Street and LaCrosse Street.
Alcoholic Beverage License Applications Set for Hearing
(
2.
3.
Black
Hills Workshop for a Special Event Malt Beverage and Wine License for an event
scheduled
4.
Rapid
City Area Chamber of Commerce for a Special Event Malt Beverage and Wine License
for an event scheduled
5.
Rapid
City Area Chamber of Commerce for a Special Event Malt Beverage and Wine License
for an event scheduled
6.
Rapid
City Area Chamber of Commerce for a Special Event Malt Beverage and Wine License
for an event scheduled
7.
Rapid
City Area Chamber of Commerce for a Special Event Malt Beverage and Wine License
for an event scheduled
8.
Elk
Lodge #1187 for a Special Event Wine License for an event scheduled May 21 and
22, 2010 in a rail car near
2010 – 2011 Retail (on-off sale) Malt
Beverage License Renewals WITH Video Lottery
9.
Robbinsdale
Rec Center Inc.
10.
Continental
Leisure Inc. DBA Carousel Casino, 2050 W Main Street, for a Retail (on-off sale)
Malt Beverage License WITH Video Lottery
11.
Nifty
Fifties Inc. DBA Parkway Restaurant,
12.
Wal-East
Development Inc. DBA Jackpot Casino Too #2, 1415 N LaCrosse Street Ste. 3B, for
a Retail (on-off sale) Malt Beverage License WITH Video Lottery
13.
Wal-East
Development Inc. DBA Jackpot Casino Too, 1415 N LaCrosse
14.
Wal-East
Development Inc. DBA Jackpot Casino East, 2708 E Hwy. 44, for a Retail (on-off
sale) Malt Beverage License WITH Video Lottery
15.
Wal-East
Development Inc. DBA Jackpot Casino II, 685 C LaCrosse Street, for a Retail (on-off
sale) Malt Beverage License WITH Video Lottery
16.
Wal-East
Development Inc. DBA Jackpot Casino,
17.
Wal-East
Development Inc. DBA Jokers Casino South, 1320 Mt. Rushmore Rd. C, for a Retail
(on-off sale) Malt Beverage License WITH Video Lottery
18.
CHAS
Inc. DBA Jackpot Casino West,
19.
CHAS
Inc. DBA Jackpot West II, 2144 Jackson Blvd #4, for a Retail (on-off sale) Malt
Beverage License WITH Video Lottery
20.
Cortez
LLC DBA Alex Johnson Hotel,
21.
Cimarron
Casino Inc. DBA Royal Casino II,
22.
Cimarron
Casino Inc. DBA Main St. Gap Casino, 1727 W Main Street, for a Retail (on-off
sale) Malt Beverage License WITH Video Lottery
23.
Cimarron
Casino Inc. DBA Chicago St. Casino,
24.
Cimarron
Casino Inc. DBA Royal Casino I, 2530 W Main Street #1, for a Retail (on-off sale)
Malt Beverage License WITH Video Lottery
25.
Wyngard
Pot-O-Gold Casino DBA Lucky D’s Casino, 1330 E St. Patrick Street, for a Retail
(on-off sale) Malt Beverage License WITH Video Lottery
26.
Wyngard
Pot-O-Gold Casino DBA Lucky D’s Casino, 1330 E St. Patrick Street #2, for a Retail
(on-off sale) Malt Beverage License WITH Video Lottery
27.
Wyngard
Pot-O-Gold Casino DBA Pot-O-Gold Casino, 1300 Centre Street, for a Retail (on-off
sale) Malt Beverage License WITH Video Lottery
28.
Robert
Johnson DBA Canyon Lake Pub and Casino,
29.
Lybecks
Twenty-First Century Inc. DBA Shenanigan’s Casino, 3788 E Hwy. 44, for a Retail
(on-off sale) Malt Beverage License WITH Video Lottery
30.
Lybecks
Twenty-First Century Inc. DBA Shenanigan’s Casino, 3788 E Hwy. 44, for a Retail
(on-off sale) Malt Beverage License WITH Video Lottery – INACTIVE
31.
Shooters
Inc. DBA Shooters,
2010 – 2011 Retail (on-off sale) Malt
Beverage License Renewals NO Video Lottery
32.
Leading
Edge Management DBA Buffalo Wings and Rings,
33.
Charles
J Desmond General Partnership DBA Ifrit’s Hookah Lounge,
34.
Deadwood
Outfitter Inc. DBA Deadwood Outfitter,
35.
Black
Hills QMG LLC DBA Qdoba Mexican Grill,
36.
Unique
Ink Promos Inc. DBA Unique Ink Promos,
37.
Gab
Denk Kwak DBA Hana Restaurant, 2328
38.
Atlantis
LLC DBA Watiki Indoor Waterpark Resort,
39.
Barbecsul
Inc. DBA Executive Golf Course,
40.
Barbecsul
Inc. DBA Sandtrap Grill and Bar,
41.
Yeung
Inc. DBA Imperial Chinese Restaurant,
42.
Yeung
Inc. DBA Great Wall Chinese Restaurant,
43.
Late
Harvest Inc. DBA Tally’s Silver Spoon,
44.
City
of
2010 – 2011 Package (off-sale) Malt
Beverage License Renewals
45.
Moyle
Petroleum Company DBA Common Cents #107, 4128 Canyon Lake Drive, for a Package
(off-sale) Malt Beverage License
46.
Moyle
Petroleum Company DBA North Street Smoke Shop,
47.
Moyle
Petroleum Company DBA Common Cents Food Store,
48.
Moyle
Petroleum Company DBA Common Cents Food Store,
49.
Moyle
Petroleum Company DBA Common Cents Food Store, 1909 LaCrosse, for a Package (off-sale)
Malt Beverage License
50.
Moyle
Petroleum Company DBA Common Cents –
51.
Windsor
Block Grocery Company DBA Windsor Block Grocery,
Public Works Committee Consent Items
52.
Discontinue City Council
Informational Meetings until after the budget hearings and then at that point
have discussion on what types of informational meetings are needed.
53.
No.
PW042710-02 – Direct the Public Works Director to draft a policy for constructing
sidewalks in association with City initiated reconstruction projects.
54.
No.
PW042710-03 – Authorize Mayor and Finance Officer to Sign Resolution
(No. 2010-057) of Intent to Lease 80 Acres on
55.
No.
PW042710-04 – Approve Change Order No. 5 to SECO Construction, Inc. for
56.
No.
PW042710-05 – Authorize Staff to Advertise for Bids for Closure of Cell
12,
57.
No.
PW042710-06 – Authorize Mayor and Finance Officer to Sign a Temporary
Construction Easement Between the City of Rapid City and Hook Enterprises Limited
Partnership for a temporary construction easement over and across the property
on a portion of the Floodway Tract of the Lombardy Industrial Park located in
the Northwest Quarter (NW1/4) of Section Eight (8), Township One North (T1N),
Range Eight East (R8E) of the black Hills Meridian, Rapid City, Pennington County,
South Dakota.
58.
No.
PW042710-07 – Authorize Mayor and Finance Officer
to Sign a Professional Services Agreement with Dream Design International,
Inc. for Rapid Creek Trunk Sewer Manhole Rehabilitation, Project No. SS10-1852
/ CIP No. 50194, in the amount of $24,515.00.
59.
No.
PW042710-08 – Authorize Mayor and Finance Officer
to Sign a Professional Services Agreement with CETEC Engineering Services,
Inc. for Construction Observation Services for
60.
No.
PW042710-09 – Authorize Mayor and Finance Officer to Sign a Professional
Services Agreement with Sperlich Consulting, Inc. for Construction Observation
Services for
61.
No. PW042710-10 – Authorize
Mayor and Finance Officer to Sign Amendment No. 2 to the Professional Services
Agreement with Burns & McDonnell Engineering Company, Inc. for the Membrane
Prepurchase & Jackson Springs Final Design, Project No. W07-1689 / CIP No.
50696, in the amount of $13,493.00.
62.
No. PW042710-11 – Authorize
Mayor and Finance Officer to Sign a 2010 Operating Fund Agreement Between the
City of Rapid City and the State of South Dakota, Department of Transportation,
Section 5307 Urban Public Transportation Agreement, for an amount up to $28,425.00.
63.
No. PW042710-13 – Authorize
Mayor and Finance Officer to Sign Addendum No. 2 to the Professional Services
Agreement with CETEC Engineering Services, Inc. for the Stoney Creek Water Booster
Station and Well House, Project No. W03-953 / CIP No. 50318, in the amount of
$18,205.51.
64.
No.
PW042710-14 –
Approve Resolution #2010-047 modifying the City’s currently adopted “Out of the
Dust” policy by removing the requirement for a matching payment.
65.
Declare
the Week of May 2nd through May 8th as Compost Awareness
Week in
66.
No.
PW042710-15 – Authorize Staff to Purchase High Accuracy
67.
No.
PW042710-16 – Authorize Staff to Seek proposals for Hay Farming at the
Water Reclamation Remediation Site.
68.
No.
10EX039 – Approve a request to waive the requirement to meter stormwater flows
to historic rates –
Legal & Finance Committee Consent Items
69.
Confirm
appointment of Pauline Sumption as the City Finance Officer effective
70.
No.
LF041410-23 – Acknowledge the report regarding the letter from Equality
South Dakota.
71.
No.
LF042810-02 – Acknowledge Capital Improvements Program Committee monthly
update for April 2010.
72.
No.
LF042810-03 – Approve the Capital Plan for Streets, Drainage and MIP Projects.
73.
No.
LF042810-14 - Acknowledge the memorandum dated
74.
Acknowledge the report regarding freon items being
disposed at the landfill.
75.
Acknowledge
the 2012 process update.
76.
Authorize
staff to accept 2009 Assistance to Firefighters Grant from Homeland Security in
the amount of $111,286.
77.
No.
LF042810-04 – Approve Resolution Declaring Property Surplus.
78.
No.
LF042810-08 – Authorize Mayor and Finance Officer to sign Amended Agreement
between the City of Rapid City and Kensington Heights, LLC to Allow for Acceptance
of Public Improvements before the Completion of Sidewalks for Kensington Heights
Subdivision, Phase I.
79.
No.
LF042810-09 –
Authorize Mayor and Finance Officer to sign Amended Agreement between the City
of Rapid City and Kensington Heights, LLC to Allow for Acceptance of Public Improvements
before the Completion of Sidewalks for Kensington Heights Subdivision, Phase II.
80.
No.
LF042810-10 – Authorize Mayor and Finance Officer to sign Amended Agreement
between the City of Rapid City and Kensington Heights, LLC to Allow for Acceptance
of Public Improvements before the Completion of Sidewalks for Kensington Heights
Subdivision, Phase
81.
No.
LF042810-13 – Approve property tax abatement for Tesoro West Coast for
2009 in the amount of $2,416.16.
Growth Management Department Consent Items
82.
No.
09PL086 – Acknowledge withdrawal
of 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.
83.
No.
10PL012 - Acknowledge withdrawal
of 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 CONSENT CALENDAR
CONTINUED CONSENT
ITEMS – Items
84 – 94
Remove Items from the “Continued Consent
Items” and Vote on Remaining Continued Consent Items
Continue the following items until
May 17, 2010:
84.
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.
85.
No.
09PL047 - A request by Centerline, Inc. for
86.
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.
87.
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.
88.
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.
89.
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.
90.
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.
91.
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.
92.
No.
10PL019 - A request by FourFront Design, Inc. for Jim Mirehouse for a
Preliminary
Plat on Lot D of Block 1 of South Creek
Industrial Park, located in the SW1/4 of the NW1/4 and the NW1/4 of the SW1/4,
Section 8, T1N,R8E, BHM, Rapid City, Pennington County, South Dakota, legally
described as Block 1 less Lots 1 thru 8 of South
Creek Industrial Park, located in the SW1/4 of the NW1/4 and the NW1/4 of the
SW1/4, Section 8, T1N,R8E, BHM, Rapid City, Pennington County, South Dakota,
located south of E. Tallent Street between Creek
Drive and South S.D. Highway 79.
93.
No.
10PL020 - A request by Ron Davis of Davis Engineering, Inc. for a Preliminary
Plat on Lots 8 thru 10 of Block 7, Lots
1R and 7 thru 11 of Block 8 and Lots 3 thru 9 of Block 10, Section 14, T1N, R8E,
BHM, Pennington County, South Dakota, legally described as the unplatted of Tract F of the NW1/4 and Lot 1 of Block
8 of Murphy Ranch Subdivision, Section 14, T1N, R8E, BHM, Pennington County, South
Dakota, located at 5670 E. Highway 44.
94.
No.
10PL021 - A request by Dream Design International, Inc. for a Preliminary
Plat on Lots 1 thru 22 of Block 4, Lots
1 thru 15 of Block 5, Lots 1 & 2 of Block 6, Lot 1 of Block 7, Rust Ridge
Court right-of-way, Fieldstone Drive right-of-way and Vinecliff Drive right-of-way
of Elks Crossing, located in the E1/2 of the SW1/4, Section 16, T1N, R8E, BHM,
Rapid City, Pennington County, South Dakota, legally described as an
unplatted portion of the E1/2 of the SW1/4, Section 16, T1N, R8E, BHM, Rapid City,
Pennington County, South Dakota, located east
of Elk Vale Road on Fieldstone Drive.
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS – Items 95 – 114
Public Comment opened – Items 95 – 114
Public Comment closed
Ordinances
95.
No.
LF042810-11 – First Reading of Ordinance 5610, An Ordinance to Remove
the Requirement to be a Freeholder for Membership on the Airport Board by Amending
Section 2.72.020 of the Rapid City Municipal Code.
96.
No.
LF042810-12 – First Reading of Ordinance 5611, An Ordinance to Clarify
the Process for Appointing Members to the Historic Preservation Commission by
Amending Section 2.68.030 of the Rapid City Municipal Code.
97.
No.
LF041410-13A – Second
Growth Management Department Items (None)
Legal & Finance Committee Items
98.
No.
LF041410-24 – Authorize the Mayor and Finance Officer to sign Letter of
Confirmation of Mutual Agreement with St. Joe Investment Group, LLC. (Continued from
99.
No.
LF042810-01 – Refund the application fees to the Melody Acre residents.
100.
No.
LF042810-05 – Resolution No. 2010-038 to Establish the Position of Airport
Electrician
101.
No.
LF042810-06 – Resolution No. 2010-052 to Amend the City of
Public Works Committee Items
102.
No.
PW033010-01 – Approve the Appeal of the Denial of A Request from Centerline
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 with
a covenant agreement with hold harmless language and language that prevents future
subdivision of this lot.
103.
Authorize the Mayor and Finance Officer to sign the waiver of
right to protest a future assessment for the installation of sidewalk along Elk
Vale Road and Edwards Street as they abut Lots Lots A & B of Lot 1 of Lot
D less Lot H1, K-W Subdivision, Section 28, T2N, R8E, Pennington County, South
Dakota located at the southwest corner of Edwards Street and Elk Vale Road. (10EX034-35)
104.
No. 10EX034 – Approve with a “waiver of right to protest” a request to
waive the requirement to install sidewalk along Edwards Street per City Ordinance
12.16.080 - Dakotah Steakhouse Lots A & B of Lot 1 of Lot D less Lot H1, K-W
Subdivision, Section 28, T2N, R8E,
105.
No.
10EX035 – Approve with
a “waiver of right to protest” a request to waive the requirement to install sidewalk
along
Bids
106.
No.
CC050310-02.1 –
107.
No.
CC050310-02.2 – East Saint Patrick Sidewalk – Project No. MIP1805 / CIP
No. 50298 (Opened
108.
No.
CC050310-02.3 – Street Rehabilitation Project –
109.
No.
CC050310-02.4 – Yard Waste Site Improvement – West Boulevard North – Project
No. SWO10-1785 (Opened
110.
No.
CC050310-02.5 – 2010 Roadway Pavement Marking Project – Project No. PM10-1861
/ CIP No. 50593 (Opened
111.
No.
CC050310-02.6 – Sweeper Broom Refills (Opened
112.
No.
CC050310-02.7 – 2010 Water Reclamation Facility Improvements – Project
No. WRF10-1856 / CIP No. 50791 (Opened
Mayor’s Items
Council Items & Liaison Reports
113.
Update
on Big
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
114.
No.
CC050310-03 – Vision 2012 Update
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS
– Items 115 – 137
Open Public Hearing (comment) -- Items 115 – 137
CONTINUED PUBLIC HEARING
CONSENT ITEMS – Items 115 – 125
Remove Items from the “Continued Public
Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent
Items
Continue the following items until
May 17, 2010:
115.
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.
116.
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.
117.
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.
118.
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 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 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.
119.
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 on 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.
120.
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 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 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.
121.
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 on 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.
122.
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 on Lot 30 of Melody Acres No.
2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota,
located at 2706 Cactus Drive.
123.
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.
124.
No.
10SV006 - A request by Doug Noyes for a Variance to the Subdivision Regulations
to waive the requirement to install pavement along the alley right-of-way and
to install sidewalks along the north side of Clark Street and to install street
light conduit along Clark Street as per Chapter 16.16 of the Rapid City Municipal
Code 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.
125.
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 115 – 137
CONSENT PUBLIC HEARING
ITEMS – Item 126
– 130
Remove Items from the “Consent Public
Hearing Items” and Vote on Remaining Consent Items
Growth Management Items
126.
No.
09SV028 – Acknowledge withdrawal
of 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.
127.
No.
10AN001 – Approve a request by City of Rapid City for a Petition for Annexation on Lots A and B of Lot 3, Lot B of Lot 4, North 202 feet
of Lot 4 and the vacated street lying east and adjacent to Lot 4, all in Block
2 of Cleghorn Canyon Subdivision #2; and all of Block 1 of Cleghorn Canyon Subdivision
#2, all located in the SW1/4 of Section 8, T1N, R7E, BHM, Pennington County, South
Dakota; and the Right-of-way Lot CS in Block 1 of Cleghorn Canyon Subdivision
#2 known as Cleghorn Canyon Lane, and Cleghorn Canyon Road adjacent to and south
of Block 1 of Cleghorn Canyon Subdivision #2 and south of the vacated street lying
east and adjacent to Lot 4 of Block 2 of Cleghorn Canyon #2, and the private lane
adjacent and north of Lot B of Lot 4 of Block 2 of Cleghorn Canyon Subdivision
#2, all located in the SW1/4 of Section 8, T1N, R7E, BHM, Pennington County, South
Dakota, located north of Cleghorn Canyon Road and west of Jackson Boulevard.
128.
No.
10CA010 – Approve a request by Larry Nelson for an Amendment to the Adopted Comprehensive
Plan to change the land use designation from Low Density Residential to Medium
Density Residential on all of Block
11 of Mahoney Addition, Section 25, T2N, R7E, BHM,
129.
No.
10CA011 – 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 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.
Alcohol Licenses (None)
Assessment Rolls
130.
No.
LF033110-03 – Approve Resolution Levying Assessment for the Cleanup of
Miscellaneous Property.
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC
HEARING ITEMS
– Items 131 – 137
131.
No.
09PD096 – An Appeal of the Planning Commission’s decision on a request by FourFront Design, Inc. for Eagle Ridge Properties, LLC
for a Major
Amendment to a Planned Residential Development on Lots 2A and 2B of Block 1 of Black Hills Center, Section
24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located
at 121 Stumer Road.
132.
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 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.
133.
No.
10RZ029 - Second 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 on Lot 5 of Melody Acres, Section
9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located
at 3010 South Valley Drive.
134.
No.
10RZ031 - Second 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
on all of Block 11 of Mahoney Addition, Section
25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located
at 229 Lindbergh Avenue.
135.
No.
10RZ032 - Second 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 on 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.
136.
No.
10UR004 – An Appeal of Planning Commission’s decision on a 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 at 532 East Anamosa Street.
137.
No.
10UR005 - An Appeal of Planning Commission’s decision on a 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.
BILLS
138.
No.
CC050310-01 – Bill List for
EXECUTIVE SESSION for the purposes permitted by SDCL
STAFF DIRECTION
139.
Confirm
appointment of Mike Maltaverne as Fire Chief.
140.
Administer
Loyalty Oath and offer Certificate of Appointment to Mike Maltaverne.
ADJOURN