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City Council Policies and Procedures

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

7:00 P.M., May 17, 2010

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for May 3, 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 – 187

 

Public Comment opened – Items 3 – 163

Public Comment closed

 

CONSENT ITEMS – Items 3 – 154

 

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 (June 7, 2010)

 

3.                  Rushmore German Club for a Special Event Beer License for an event scheduled August, 20 through 28, 2010 at the Central States Fairgrounds, 800 San Francisco

 

4.                  United Food Inc. DBA Toby’s Casino, 714 Cleveland Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery TRANSFER from Thomas J O’Meara DBA Toby’s Casino, 710 Cleveland Street

 

2010 – 2011 Retail (on-off sale) Malt Beverage License Renewals WITH Video Lottery

 

5.                  MG Oil Company DBA Warehouse Bar & Casino, 200 E Main Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

6.                  MG Oil Company DBA East North Casino #2, 230 E North Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

7.                  MG Oil Company DBA East St. Patrick Casino, 1226 E St. Patrick Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

8.                  MG Oil Company DBA Haines Ave. Casino, 1735 Haines Ave., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

9.                  MG Oil Company DBA Market Square Casino, 1624 E St. Patrick Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

10.              MG Oil Company DBA LaCrosse Street Casino #1, 720 N LaCrosse St. Ste. A, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

11.              MG Oil Company DBA LaCrosse Street Casino #2, 720 N LaCrosse St., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

12.              MG Oil Company DBA Rushmore Casino, 1808 Mt. Rushmore Rd., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

13.              MG Oil Company DBA Rushmore Casino Too, 1808 Mt. Rushmore Rd., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

14.              MG Oil Company DBA BP Casino, 609 Mt. View Ste. C-1, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

15.              MG Oil Company DBA Uncle Sam’s West, 2730 West Main Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

16.              MG Oil Company DBA Uncle Sam’s East, 1120 E North Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

17.              MG Oil Company DBA Uncle Sam’s South, 2100 Jackson Blvd., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

18.              MG Oil Company DBA Happy Jack’s East, 909 E St. Patrick St., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

19.              MG Oil Company DBA Happy Jack’s Too, 909 St. Patrick St. #21, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

20.              MG Oil Company DBA Happy Jack’s Cambell, 1601 Cambell St. #3, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

21.              MG Oil Company DBA Happy Jacks Valley, 747 Timmons Blvd. Ste. B, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

22.              MG Oil Company DBA Happy Jacks I-90, 4036 Cheyenne Blvd., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

23.              MG Oil Company DBA Happy Jacks Downtown, 713 Omaha St., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

24.              MG Oil Company DBA Happy Jacks Omaha, 1109 W Omaha St., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

25.              MG Oil Company DBA Happy Jacks Rushmore, 2201 Mt. Rushmore Rd., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

26.              D&S Time Square Inc. DBA Breakroom Casino, 355 11th Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

27.              Fox Family Enterprises Inc. DBA Rodeway Inn, 2208 Mt. Rushmore Rd., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

28.              Linda and Frank Morrison DBA Thirsty’s, 819 Main Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

29.              Dean’O’s Casino Inc. DBA Dean’O’s Casino, 903 E North Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

30.              Carolyn’s Casinos Inc. DBA Carolyn’s Too, 1141 Deadwood Ave. #2, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

31.              Carolyn’s Casinos Inc. DBA Carolyn’s Too, 1141 Deadwood Ave. #2, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery – INACTIVE

 

32.              Hungrys Restaurants Inc. DBA Marlins Roadhouse Grill, 2803 Deadwood Ave., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

33.              Bach Investment Inc. DBA Hideaway Casino, 1575 N LaCrosse St. Ste. D, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

34.              Entertainment Inc. DBA Nu Robbinsdale Casino, 803 E St. Patrick Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

35.              Bosselman Inc. of South Dakota DBA Bosselman Travel Center, 2783 Deadwood Ave., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

36.              CCKT Inc. DBA King of Hearts Casino, 3030 W Main Street Ste. A, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

37.              CCKI Inc. DBA Queen of Hearts Casino, 316 E Boulevard, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

38.              Rapid City Elks Lodge #1187 DBA Elks Lodge, 3333 E 39th Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

39.              Dave M and Linda K Handley DBA Hot Spot Casino, 420 E St. Patrick Street #107, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

40.              WR Rapid City Ventures LP DBA Oakleaf Beer Garden, 2211 N LaCrosse St., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

41.              TADY LLC DBA Sports Buzz, 2010 Mt. Rushmore Rd., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

42.              United Food Inc. DBA Toby’s Casino South, 710 Cleveland St., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

43.              United Food Inc. DBA Toby’s Casino, 720 E North Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

44.              United Food Inc. DBA Toby’s Casino, 714 Cleveland Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

45.              Peaceful Pines Casino Inc. DBA West Main Square Casino, 3205 W Main Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

46.              Colonial House Inc. DBA Colonial House, 2501 Mt. Rushmore Rd., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

47.              Rapid Bowl Inc. DBA Meadowood Lanes, 3809 Sturgis Rd., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

48.              Poker Joe’s Inc. DBA Poker Joe’s, 211 Cambell Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

49.              CMS LLC DBA The Hall Inn, 214 E St. Joe St., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

2010 – 2011 Retail (on-off sale) Malt Beverage License Renewals NO Video Lottery

 

50.              Black Hills Amateur Baseball Inc. DBA Black Hills Amateur Baseball, McKeague Field, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

51.              Mae Jean Adams DBA The Corn Exchange, 727 Main Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

52.              Central States Fair Inc. DBA Central States Fair, 800 San Francisco St., for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

53.              Botticellis Ristorante Italiano Inc. DBA Botticellis Ristorante Italiano, 523 Main Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

54.              Mai T Goodsell DBA Saigon Restaurant, 221 E North Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

55.              Two Lefties and Panchos DBA Pancheros Mexican Grill, 1221 W Omaha Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

56.              Rapid City Softball Assoc., 1511 Sedivy Lane, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

57.              Wine Cellar Restaurant LLC DBA Wine Cellar Restaurant, 513 6th Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

58.              Chrisbro LLC DBA Hampton Inn, 1720 Rapp St., for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

59.              Century Motels Inc. DBA Howard Johnson Express Inn & Suites, 950 North Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

60.              Lisa Holbrook DBA The Beanery, 201 Main Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

61.              Piesanos Pacchia Inc. DBA Piesanos Pacchia, 3618 Canyon Lake Dr. #121, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

62.              Black Hills Coffee Company DBA Black Hills Coffee, 5955 S Hwy. 16 Ste. G, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

63.              Ugly Inc. DBA Budd Ugly’s/Sports Rock, 321 7th Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

64.              S&Y Inc. DBA Golden Phoenix Restaurant, 2421 W Main Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

65.              Bully Blends Coffee and Tea Inc. DBA Bully Blends Coffee and Tea Shop, 410 5th Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

66.              Walter Banovic DBA Picasso Barn Pizzeria, 325 Omaha Street #6, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

67.              GF Pizza Inc. DBA Godfathers Pizza, 110 Cambell Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

68.              CEC Entertainment DBA Chuck E Cheeses, 30 Knollwood Dr., for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

69.              Museum Alliance of Rapid City Inc. DBA The Journey Museum, 222 New York Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

70.              Black Hills Beau Jo’s LLC DBA Beau Jo’s Pizza, 2520 W Main Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

71.              Asian Garden Inc. DBA Asian Garden, 740 Mt. View Rd., for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

72.              Li Zhu Zhu DBA Hong Kong Buffet, 927 E North Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

73.              Coco Palace LLC DBA Coco Palace, 1900 N Maple Ave., for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

74.              Delmonico Grill Inc. DBA Delmonico Grill, 609 Main Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

75.              Jim Berger and Rhonda Berger DBA Ichiban, 1109 W Omaha Street Ste. A, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

76.              NPC International Inc. DBA Pizza Hut #2776, 2604 W Main Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

77.              NPC International Inc. DBA Pizza Hut #2777, 2005 Mt. Rushmore Rd., for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

78.              Uncork’d Wine and Tapas Bar LLC DBA Uncork’d Wine and Tapas Bar, 5734 Sheridan Lake Rd. #107, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

79.              Dadah Kids Corp DBA Pauly’s Pizzeria and Sub Co., 1624 E St. Patrick St. #101, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

80.              Black Hills Food Services Inc. DBA Fuddruckers, 2200 N Maple Ave. #330, for a  Retail (on-off sale) Malt Beverage License NO Video Lottery

 

81.              Rapid City Arts Council Inc. DBA Dahl Arts Center, 713 7th Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

82.              Sergio and Ana Munoz DBA Sabor A Mexico, 208 E North Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

83.              Los Espinos LLC DBA LaCosta Mexican Restaurant, 603 Omaha St., for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

2010 – 2011 Package (off-sale) Malt Beverage License Renewals

 

84.              Fresh Start Convenience Stores Inc. DBA Fresh Start – Rapid City, 520 Birch Avenue, for a Package (off-sale) Malt Beverage License

 

85.              B&L Inc. DBA Boyds Liquor Mart, 909 E. St. Patrick Street, for a Package (off-sale) Malt Beverage License

 

86.              B&L Inc. DBA Boyds Liquor Mart, 655 Mountain View Rd., for a Package (off-sale) Malt Beverage License

 

87.              MG Oil Company DBA Corner Pantry #8, 302 E North Street, for a Package (off-sale) Malt Beverage License

 

88.              MG Oil Company DBA Corner Pantry #9, 1220 E St. Patrick Street, for a Package (off-sale) Malt Beverage License

 

89.              MG Oil Company DBA Corner Pantry #10, 1818 Mt. Rushmore Rd., for a Package (off-sale) Malt Beverage License

 

90.              MG Oil Company DBA Corner Pantry #14, 501 Deadwood Ave., for a Package (off-sale) Malt Beverage License

 

91.              MG Oil Company DBA Corner Pantry #13, 310 E. Fairmont Blvd., for a Package (off-sale) Malt Beverage License

 

92.              Carol Enterprises DBA Don’s Valley Express, 4030 Cheyenne Blvd., for a Package (off-sale) Malt Beverage License

 

93.              Fuel Food Mart Inc. DBA Corner Pantry #4, 901 E North Street, for a Package (off-sale) Malt Beverage License

 

94.              Fuel Food Mart Inc. DBA Corner Pantry #5, 601 Mt. View Rd., for a Package (off-sale) Malt Beverage License

 

95.              Nash Finch Company DBA Family Thrift Center #254, 855 Omaha Street, for a Package (off-sale) Malt Beverage License

 

96.              Target Corporation DBA Target Store T-2457, 1415 Eglin Street, for a Package (off-sale) Malt Beverage License

 

97.              I-90 Service Center Inc. DBA I-90 Service Center, 2213 N LaCrosse Street, for a Package (off-sale) Malt Beverage License

 

98.              Country Stores Inc. DBA BJ’s St. Patrick Street, 701 E St. Patrick Street, for a Package (off-sale) Malt Beverage License

 

99.              Wal-Mart Stores Inc. DBA Wal-Mart Supercenter #1604, 1200 N LaCrosse St., for a Package (off-sale) Malt Beverage License

 

100.          Superpumper Inc. DBA Superpumper #27, 2215 Haines Ave., for a Package (off-sale) Malt Beverage License

 

101.          Superpumper Inc. DBA Superpumper #16, 3275 S Hwy. 79, for a Package (off-sale) Malt Beverage License

 

102.          Big D Oil Co. DBA Big D Oil Co Store #42, 850 E North Street, for a Package (off-sale) Malt Beverage License

 

103.          Big D Oil Co. DBA Big D Oil Co Store #41, 1160 LaCrosse Street, for a Package (off-sale) Malt Beverage License

 

104.          Big D Oil Co. DBA Big D Oil Co. #17, 3540 Sturgis Rd., for a Package (off-sale) Malt Beverage License

 

105.          Big D Oil Co. DBA Big D Oil Co. #8, 2303 Jackson Blvd., for a Package (off-sale) Malt Beverage License

 

106.          Safeway Stores Inc. DBA Safeway Store 581, 2120 Mt. Rushmore Rd., for a Package (off-sale) Malt Beverage License

 

107.          Safeway Stores Inc. DBA Safeway Store 1554, 730 Mt. View Rd., for a Package (off-sale) Malt Beverage License

 

108.          Jim Buchli DBA Rushmore Sinclair, 2420 Mt. Rushmore Rd., for a Package (off-sale) Malt Beverage License

 

2010 – 2011 Package (off-sale) Malt Beverage and South Dakota Farm Wine License Renewals

 

109.          Fancies Flowers and Gifts Inc. DBA Fancies Flowers and Gifts, 1301 Mt. Rushmore Rd., for a Package (off-sale) Malt Beverage and SD Farm Wine License

 

110.          La Grand Station LLC DBA La Grand Station, 3851 Eglin Street, for a Package (off-sale) Malt Beverage and SD Farm Wine License

 

111.          Bosselman Inc. of South Dakota DBA Bosselman Travel Center, 2783 Deadwood Ave., for a Package (off-sale) Malt Beverage and SD Farm Wine License

 

112.          Recreational Adventures Co. DBA KOA Kampground, 3010 E Hwy. 44, for a Package (off-sale) Malt Beverage and SD Farm Wine License

 

Transfers

 

113.          Bully Blends Coffee and Tea Inc. DBA Bully Blends Coffee and Tea Shop, 908 Main Street, for a Retail (on-off sale) Malt Beverage License TRANSFER from 410 5th Street

 

114.          Bully Blends Coffee and Tea Inc. DBA Bully Blends Coffee and Tea Shop, 908 Main Street, for a Retail (on-off sale) Wine License TRANSFER from 410 5th Street

 

Public Works Committee Consent Items

 

115.          No. PW042710-01 – Deny the request to change the ordinance regarding the Water Conservation Rebate Request.

 

116.          No. PW051110-03 –– Acknowledge the report Sidewalks for South Side of the 100 Block of New York Street and direct staff to put up signs on the south sidewalk directing pedestrians to cross to the north sidewalk.

 

117.          No. PW051110-04 – Acknowledge the report on Ports to Plains Alliance.        

 

118.          Acknowledge the report Status of Completion of 9th Street Curb Reconstruction North of Fulton Street.

 

119.          Refer a Request to Purchase GIS/GPS System for the City Landfill to the 2011 Budget Hearings.        

 

120.          No. PW051110-05 – Approve Change Order No. 2 to Zenon Environmental Corporation for the Water Treatment Plant Upgrades – Jackson Springs Membrane Prepurchase, Project No. W07-1689 / CIP No. 50696, for extension of the final submittal milestone date from 120 days to 134 days after the Notice to Proceed.  This is a no cost change order.

 

121.          No. PW051110-06 – Approve Change Order No. 10 Final to Sampson Construction for the Rushmore Plaza Civic Center Multipurpose Addition, Project No. IDP06-1555, for an increase of $20,097.00. 

 

122.          No. PW051110-24 – Approve Change Order No. 1F to RCS Construction, Inc. for Catron Boulevard / Highway 16B Sanitary Sewer Extension, Project No. SS09-1782 / CIP No. 50396, for a decrease of $27,868.32.

 

123.          No. PW051110-07 – Authorize Staff to Advertise for Bids for Jackson Boulevard Joint Sealing & Panel Repair, Project No. ST10-1871 / CIP No. 50445.  Estimated cost:  $125,000.00.

 

124.          No. PW051110-08- Authorize Staff to Advertise for Bids for 2010 Chip Seal Project – Mountain View Area, Project No. ST10-1855 / CIP No. 50549.  Estimated cost:  $235,000.00.    

 

125.          No. PW051110-09 – Authorize Staff to Advertise for Bids for Energy Efficient Street Light Pilot Project, Project No. SL10-1878 / CIP No. 50814.  Estimated cost:  $44,000.00.  (To be funded through DOE grant.) 

 

126.          No. PW051110-10 – Authorize Staff to Advertise for Bids for 2010 Miscellaneous Improvements Project, Project No. MIP10-1857 / CIP No. 50298.  Estimated Cost:  $84,000.00. 

 

127.          No. PW051110-11 – Authorize Staff to Advertise for Bids for St. Patrick Street Sidewalk Repairs and ADA Upgrades, Project No. ST10-1874 / CIP No. 50809.  Estimated cost:  $35,000.00. 

 

128.          No. PW051110-12 – Authorize Staff to Advertise for Bids for 7TH Street & Kansas City Street Overlay Project, Project No. ST10-1880 / CIP No. 50445.  Estimated cost:  $250,000.00. 

 

129.          No. PW051110-13 – Authorize Staff to Advertise for Bids for Road Way De-Icer – Road Deicing Salt – Sodium Chloride.  Estimated cost:  $97,000.00. 

 

130.          No. PW051110-14 – Authorize Staff to Advertise for Bids for Heights Drive Sanitary Sewer Main Extension, Project No. SS09-1831 / CIP No. 50777.  Estimated cost:  $883,000.00.  (Funded by Federal Stag Grant and Utilities Facility Fund.) 

 

131.          No. PW051110-15 – Authorize Staff to Advertise for Bid for Cliff Drive Sanitary Sewer Main Extension, Project No. SS09-1830 / CIP No. 50778.  Estimated cost:  $550,000.00.  (Funded by Federal Stag Grant and Utilities Facility Fund.) 

 

132.          No. PW051110-25 Authorize Staff to Advertise for Bids for Silver Street Area Utility Improvements, Project No. SSW07-1656 / CIP No. 50418.  Estimated cost:  $2,650,000.00. 

 

133.          No. PW051110-16 – Authorize Mayor and Finance Officer to Sign a Maintenance and Encroachment Agreement between SD Department of Transportation and City of Rapid City for SD Federal Aid Construction Project Number NH 2016(17)64 PCN 6875, located on US16B from US16 to SD 79 and consists of urban grading, portland cement concrete (PCC) surfacing, roadway lighting, and traffic signals at the intersections of US16B with 5th Street and US16. 

 

134.          No. PW051110-17 – Authorize Mayor and Finance Officer to Sign a Maintenance Agreement between SD Department of Transportation and City of Rapid City for Traffic Signals on the State Highway System. 

 

135.          No. PW051110-18 – Authorize Mayor and Finance Officer to Sign Amendment No. 4Final to the Professional Services Agreement with FourFront Design, Inc. for the Civic Center Expansion, Project No. IDP06-1555, for an increase of $2,965.00. 

 

136.          No. PW051110-19 Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with Ferber Engineering for Wetland Monitoring located in the NW ¼ of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, Project No. DR10-1881, in the amount of $10,000.   

 

137.          No. PW051110-20 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with Banner Associates, Inc. for Northridge Water Storage Reservoir, Project No. W09-1792 / CIP 50754, in the amount of $268,800.00.

 

138.          No. PW051110-21 Authorize Staff to Seek Proposals for Engineering Services for Water Reservoir Maintenance, Project No. W10-1879 / CIP No. 50804. 

 

139.          No. PW051110-22 – Approve funding line item allocation change for Oak Avenue, Oak Drive, and Oakland Street Reconstruction professional services, Project No. ST09-1824 / CIP 50424.  No cost change. 

 

140.          Acknowledge the report and presentation of South Dakota Engineering Society Project of the Year Award to the City of Rapid City and Cetec Engineering for “Well 12 and Stoney Creek Booster Station, Project No. W03-953 / CIP 50318”.   

 

141.          No. PW051110-23 – Approve recognizing 813 off-street parking spaces as a parking determination for Central High School. 

 

142.          No. 10VE008 - Approve a request by Sperlich Consulting, Inc. for Kale McNaboe for a Vacation of a portion of a Utility and Drainage Easement on Lot 21 of Block 8 of Robbinsdale Addition No. 10, located in the SE1/4 of the NW1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 806 Marie Court.

 

Legal & Finance Committee Consent Items

 

143.          Approve the request from Bob Fuchs of Summer Nights to use the banner poles on Main Street and St. Joe Street for a fee of $375 to cover the cost of the City putting up and taking down the banners under the condition that if the banners need to be taken down for another organization to use the poles, Summer Nights will pay an additional fee of $375 to put the banners back up.

 

144.          No. LF051210-16 – Confirm reappointment of Dick McConnell and Ron Johnsen (terms to expire May 1, 2013) and appointment of Lisa Modrick (term to expire May 1, 2013) to the Airport Board. 

 

145.          No. LF051210-17 – Confirm appointment of Tim Baumgartner, Electrical Contractor, and Steve Struble, Electrical Journeyman, (terms to expire May 30, 2012) to the Electrical Board. 

 

146.          No. LF051210-18 – Confirm reappointment of Myron Tatum, Contractor, and William (Bill) Werner, Plumber, (terms to expire May 30, 2012) and appointment of Bradley Bilka, Plumbing Contractor, (term to expire May 30, 2012) to the Rapid City Plumbing Board. 

 

147.          No. LF051210-03 – Approve Event Permit for Rapid City Police Department Cruiser Night on June 12, 2010.   

 

148.          No. LF051210-04 – Approve Resolution No. 2010-061 Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property.  

 

149.          Acknowledge the following volunteers for workmen’s compensation purposes:  Jesse Cantrell.   

 

150.          No. LF051210-06 – Authorize Mayor and Finance Officer to sign the U.S Department of Housing and Urban Development (HUD) Funding Approval/Agreement for Community Development Block Grant Funds for FY 2010.   

 

151.          Acknowledge Project of the Year Award to the City of Rapid City and Cetec Engineering for “Well 12 and Stoney Creek Booster Station, Project No. W03-953 / CIP 50318” presentation by Jody Page of South Dakota Engineering Society. 

 

152.          No. LF051210-14 – Authorize Mayor and Finance Officer to sign Amended License Agreement between the City of Rapid City and Neil Litzen, d/b/a Mr. Frosty 2, for the Sale of Pre-Packaged Ice Cream Novelties and Soft Drinks. 

 

153.          No. LF051210-20 – Acknowledge raffle request from South Dakota Elks Association. 

 

154.          No. LF051210-15 – Approve Property Tax Abatement for Sherry K Halls for 2009 in the amount for $1,383.06.   

 

Growth Management Department Consent Items (None)

 

END OF CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 155 – 163

 

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

 

Continue the following items until June 7, 2010:

 

155.          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.

 

156.          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.

 

157.          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.

 

158.          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.

 

159.          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.

 

160.          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.

 

161.          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 of Murphy Ranch Estates Subdivision, 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.

 

162.          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.

 

Continue the following items until July 19, 2010:

 

163.          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 164 – 187

 

Public Comment opened – Items 164 – 187

Public Comment closed

 

Ordinances

 

164.          No. 10RZ034 - First Reading, Ordinance 5614, 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 a Rezoning from Low Density Residential District to General Commercial District of Tract B of the SE¼ of the SW¼, a portion of the S1/2 of vacated St. Louis Street right-of-way, a portion of the east 10 feet of vacated Racine Street right-of-way, all located in Section 31, T2N, R8E, and the vacated alley located in Block 1 of Brennen And Sweeney Addition, in Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the southeasterly corner of Tract B of the SE¼ of the SW¼ of Section 31, T2N, R8E, BHM, and the point of beginning, Thence first course: N89º58’29”W, along the southerly boundary of said Tract B,  a distance of 165.60 feet, to the northeasterly corner of Vacated Alley of Block 1, Brennen and Sweeney Addition; Thence second course: S00º05’14”W, along the easterly edge of said Vacated Alley, a distance of 62.12 feet; Thence third course: N89º56’48”W, along the southerly edge of said Vacated Alley, a distance of 20.00 feet; Thence fourth course: N00º05’14”E, along the westerly edge of said Vacated Alley, a distance of 62.11 feet; Thence fifth course: N89º58’29”W, along the southerly boundary of said Tract B, a distance of 265.11 feet; Thence sixth course: N00º02’43”E, a distance of 333.80 feet; to a point on the southerly boundary of Lot A of Blakes Addition; Thence seventh course: S89º30’42”E, along the southerly edge of said Lot A, a distance of 449.43 feet; Thence eighth course: S00º10’47”E, along the easterly boundary of said Tract B, a distance of 330.17 feet, to the southeasterly corner of said Tract B, and the point of beginning, located north of East Omaha Street between LaCrosse Street and Racine Street.

 

165.          No. 10RZ035 - First Reading, Ordinance 5615, 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 a Rezoning from Low Density Residential District to Office Commercial District of Lot 1 of Eastbrooke Subdivision, a portion of the S½ of vacated St. Louis Street right-of-way and a portion of Racine Street right-of way Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Lot 1 of Eastbrooke Subdivision, common to a corner on the easterly edge of Waterloo Street Right-of-way, and the point of beginning, Thence first course: S89º51’08”E, along the northerly boundary of said Lot 1, common to the easterly edge of said Waterloo Street Right-of-way, a distance of 17.37 feet; Thence second course: N00º16’04”E, along the northerly boundary of said Lot 1, common to the easterly edge of said Waterloo Street Right-of-way, a distance of 4.07 feet; Thence third course: S89º49’26”E, along the northerly boundary of said Lot 1, a distance of 467.30 feet, to the northeasterly corner of said Lot 1; Thence fourth course: S89º09’06”E, a distance of 28.63 feet; Thence fifth course: N00º12’18”E, a distance of 4.94 feet; Thence sixth course: S89º30’42”E, a distance of 31.32 feet; Thence seventh course: S00º02’43”W, a distance of 274.08 feet; Thence eighth course: N89º51’02”W, a distance of 60.52 feet, to the southeasterly corner of said Lot 1; Thence ninth course: N89º51’02”W, along the southerly boundary of said Lot 1, a distance of 325.56 feet; Thence tenth course: N58º41’15”W, along the southerly boundary of said Lot 1, a distance of 96.18 feet; Thence eleventh course: S89º54’47”W, along the southerly boundary of said Lot 1, a distance of 77.04feet, to the southwesterly corner of said Lot 1; Thence twelfth course: N00º13’38”E, along the westerly boundary of said Lot 1, common to a point on the easterly edge of said Waterloo Street Right-of-way, a distance of 216.37 feet, to the northwesterly corner of said Lot 1and  the point of beginning, located north of East Omaha Street between South Waterloo Street and Racine Street.

 

166.          No. LF042810-11 – Second Reading of Ordinance No. 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. 

 

167.          No. LF042810-12 – Second Reading of Ordinance No. 5611 to Clarify the Process for Appointing Members to the Historic Preservation Commission by Amending Section 2.68.030 of the Rapid City Municipal Code. 

 

Growth Management Department Items

 

168.          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.

 

169.          No. 10PL014 - A request by Fisk Land Surveying & Consulting Engineers for Darryl Johnson for a Layout and 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.

 

170.          No. 10PL025 - A request by D.C. Scott Co. Land Surveyors for Jim and Delana Nelson for a Layout Plat on Lots 1 and 2 of Nelson Subdivision, located in the SW1/4 SW1/4, Section 25, T1N, R6E, BHM, Pennington County, South Dakota, legally described as the NW1/4 SW1/4 SW1/4 and the N1/2 N1/2 SW1/4 SW1/4 SW1/4  lying east of Nemo Road, the NE1/4 SW1/4 SW1/4 and the N1/2 N1/2 SE1/4 SW1/4 SW1/4 of Section 25, T1N, R6E, BHM, Pennington County, South Dakota, located at 13545 and 13555 Bittersweet Road.

 

Legal & Finance Committee Items

 

171.          No. LF051210-19 – A request for an Event Permit from The Dahl Arts Center for Make A Splash Art Adventure to be held on June 5, 2010, from 10:00 a.m. to 3:00 p.m.   

 

172.          No. LF051210-21 – A request for an Event Permit from the Pennington County Auditor’s Office for parking (10 spaces for polling purposes) in front of Rapid City Public Library at no cost to voters on June 8, 2010, and November 2, 2010 from 7:00 a.m. to 7:00 p.m.   

 

173.          Recommend setting a Special Council meeting on June 15, 2010, at 12:30 p.m. to canvass the vote for the Annual Municipal Election to be held June 8, 2010

 

174.          Recommend setting a Special Council meeting on July 6, 2010, at 6:30 p.m. to canvass the vote for the Special Election to be held on June 29, 2010.

 

175.          No. LF051210-05 – Approve Resolution No. 2010-058 Declaring Property Surplus. 

 

176.          No. LF051210-07 – Authorize staff to advertise for bids for PR09-6008 Parkview Playground Project.   

 

177.          No. LF051210-08 – Authorize Mayor and Finance Officer to sign Amended Agreement between the City of Rapid City and SYB, Inc. to Allow for Acceptance of Public Improvements before the Completion of Sidewalks for Big Sky Subdivision, Phase 10.  

 

178.          No. LF051210-09 – Authorize Mayor and Finance Officer to sign Amended Agreement between the City of Rapid City and 3T’s Land Development LLC to Allow for Acceptance of Public Improvements before the Completion of Sidewalks for Minnesota Ridge Subdivision, Phase 2.   

 

179.          No. LF051210-10 – Authorize Mayor and Finance Officer to sign Amended Agreement between the City of Rapid City and 3T’s Land Development LLC to Allow for Acceptance of Public Improvements before the Completion of Sidewalks for Minnesota Ridge Subdivision, Phase 3.   

 

180.          No. LF051210-11 – Authorize Mayor and Finance Officer to sign Amended Agreement between the City of Rapid City and 3T’s Land Development LLC to Allow for Acceptance of Public Improvements before the Completion of Sidewalks for Minnesota Ridge Subdivision, Phase 4B.   

 

181.          No. LF051210-12 – Authorize Mayor and Finance Officer to sign Amended Agreement between the City of Rapid City and 3T’s Land Development LLC to Allow for Acceptance of Public Improvements before the Completion of Sidewalks for Lots 9A and 9B of Robbinsdale Addition #10. 

 

182.          No. LF051210-13 – A request for the Mayor and Finance Officer to sign Amended Agreement between the City of Rapid City and Signature, LLC, to Allow for Acceptance of Public Improvements before the Completion of Sidewalks for Villaggio at Golden Eagle Subdivision.    

 

Public Works Committee Items

 

183.          No. PW051110-01 – A request to eliminate on-street parking from Jackson Boulevard near Mountain View Road due to intersection reconstruction and to schedule a special City Council meeting within 60 days.   

 

Bids

 

184.          No. CC051710-02.1 – Eglin Street Extension – Project No. ST05-1470 / CIP No. 50560 (Opened May 11, 2010)

 

185.          No. CC051710-02.2 – Easy Street Sanitary Sewer Extension – Project No. SS09-1829 / CIP No. 50776 (Opened May 11, 2010)

 

186.          No. CC051710-02.3 – Knollwood Drainage Outfall Elements 2 and 20 – Project No. DR04-1390 / CIP No. 50312 (Opened May 11, 2010)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

187.          Off-Street Parking on the 600 Block of St. Cloud Street, Alderman Kooiker

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

Appeals

 

DARB

 

License application appeals

 

Sign Code Appeals

 

Other Appeals Heard by the Council

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 188 – 262

 

Open Public Hearing (comment) -- Items 188 – 262

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 188 – 200

 

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

 

Continue the following items until June 7, 2010:

 

188.          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.

 

189.          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.

 

190.          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.

 

191.          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.

 

192.          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 June 21, 2010:

 

193.          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 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.

 

194.          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 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.

 

195.          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 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.

 

196.          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 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 at the intersection of Stumer Road and Fifth Street.

 

197.          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.

 

198.          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.

 

199.          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.

 

200.          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.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 188 – 262

 

CONSENT PUBLIC HEARING ITEMS – Item 201 – 254

 

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

 

Growth Management Items

 

201.          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, Rapid City, Pennington County, South Dakota, located at 229 Lindbergh Avenue. (Continued from the May 3, 2010 City Council meeting.)

 

Alcohol Licenses

 

202.          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. (Continued from the April 19, 2010 City Council meeting.)

 

203.          Metanoia LLC DBA Rapid Valley Carwash/Liquor Store, 3800 E Highway 44, for a Package Liquor License

 

204.          Black Hills Workshop for a Special Event Malt Beverage and Wine License for an event scheduled July 24, 2010 at Canyon Lake Resort, 2720 Chapel Lane

 

205.          Rapid City Area Chamber of Commerce for a Special Event Malt Beverage and Wine License for an event scheduled June 6, 2010 at Community Health Center of the Black HIlls, 504 E Monroe Street

 

206.          Rapid City Area Chamber of Commerce for a Special Event Malt Beverage and Wine License for an event scheduled July 13, 2010 at Ketel Thorstenson, 810 Quincy Street

 

207.          Rapid City Area Chamber of Commerce for a Special Event Malt Beverage and Wine License for an event scheduled September 14, 2010 at Sam’s Club, 1020 N. Lacrosse Street

 

208.          Rapid City Area Chamber of Commerce for a Special Event Malt Beverage and Wine License for an event scheduled October 12, 2010 at Black Hills Regional Eye Institute, 2800 3rd Street

 

209.          Elk Lodge #1187 for a Special Event Wine License for an event scheduled May 21 and 22, 2010 in a rail car near 5th Street and Omaha Street

 

2010 – 2011 Retail (on-off sale) Malt Beverage License Renewals WITH Video Lottery

 

210.          Robbinsdale Rec Center Inc. DBA Robbinsdale Rec Center, 805 E St. Patrick St., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

211.          Continental Leisure Inc. DBA Carousel Casino, 2050 W Main Street, for a Retail (on-off sale)  Malt Beverage License WITH Video Lottery

 

212.          Nifty Fifties Inc. DBA Parkway Restaurant, 312 East Blvd. N, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

213.          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

 

214.          Wal-East Development Inc. DBA Jackpot Casino Too, 1415 N LaCrosse Ste. 3, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

215.          Wal-East Development Inc. DBA Jackpot Casino East, 2708 E Hwy. 44, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

216.          Wal-East Development Inc. DBA Jackpot Casino II, 685 C LaCrosse Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

217.          Wal-East Development Inc. DBA Jackpot Casino, 685 LaCrosse Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

218.          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

 

219.          CHAS Inc. DBA Jackpot Casino West, 2144 Jackson Blvd., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

220.          CHAS Inc. DBA Jackpot West II, 2144 Jackson Blvd #4, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

221.          Cortez LLC DBA Alex Johnson Hotel, 523 6th Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

222.          Cimarron Casino Inc. DBA Royal Casino II, 2530 W Main Street Ste. II, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

223.          Cimarron Casino Inc. DBA Main St. Gap Casino, 1727 W Main Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

224.          Cimarron Casino Inc. DBA Chicago St. Casino, 3609 Sturgis Rd., for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

225.          Cimarron Casino Inc. DBA Royal Casino I, 2530 W Main Street #1, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

226.          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

 

227.          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

 

228.          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

 

229.          Robert Johnson DBA Canyon Lake Pub and Casino, 4116 Jackson Blvd. for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

230.          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

 

231.          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

 

232.          Shooters Inc. DBA Shooters, 2424 W Main Street, for a Retail (on-off sale) Malt Beverage License WITH Video Lottery

 

2010 – 2011 Retail (on-off sale) Malt Beverage License Renewals NO Video Lottery

 

233.          Leading Edge Management DBA Buffalo Wings and Rings, 5622 Sheridan Lake Rd., for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

234.          Charles J Desmond General Partnership DBA Ifrit’s Hookah Lounge, 725 St. Joseph Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

235.          Deadwood Outfitter Inc. DBA Deadwood Outfitter, 2820 Harley Dr., for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

236.          Black Hills QMG LLC DBA Qdoba Mexican Grill, 741 Mountain View Rd., for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

237.          Unique Ink Promos Inc. DBA Unique Ink Promos, 3300 N Deadwood Ave., for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

238.          Gab Denk Kwak DBA Hana Restaurant, 2328 West Main, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

239.          Atlantis LLC DBA Watiki Indoor Waterpark Resort, 1314 N Elk Vale Rd., for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

240.          Barbecsul Inc. DBA Executive Golf Course, 200 12th Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

241.          Barbecsul Inc. DBA Sandtrap Grill and Bar, 3625 Jackson Blvd., for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

242.          Yeung Inc. DBA Imperial Chinese Restaurant, 702 E North Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

243.          Yeung Inc. DBA Great Wall Chinese Restaurant, 315 E North Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

244.          Late Harvest Inc. DBA Tally’s Silver Spoon, 530 6th Street, for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

245.          City of Rapid City DBA Rushmore Plaza Civic Center, 444 N Mt. Rushmore Rd., for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

2010 – 2011 Package (off-sale) Malt Beverage License Renewals

 

246.          Moyle Petroleum Company DBA Common Cents #107, 4128 Canyon Lake Drive, for a Package (off-sale) Malt Beverage License

 

247.          Moyle Petroleum Company DBA North Street Smoke Shop, 634 E North Street, for a Package (off-sale) Malt Beverage License

 

248.          Moyle Petroleum Company DBA Common Cents Food Store, 1129 W. Omaha Street, for a Package (off-sale) Malt Beverage License

 

249.          Moyle Petroleum Company DBA Common Cents Food Store, 2660 Mt. Rushmore Rd., for a Package (off-sale) Malt Beverage License

 

250.          Moyle Petroleum Company DBA Common Cents Food Store, 1909 LaCrosse, for a Package (off-sale) Malt Beverage License

 

251.          Moyle Petroleum Company DBA Common Cents – Sheridan Lake Rd., 2808 Sheridan Lake Rd., for a Package (off-sale) Malt Beverage License

 

252.          Windsor Block Grocery Company DBA Windsor Block Grocery, 610 7th Street, for a Package (off-sale) Malt Beverage License

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

253.          No. PW042710-03 – Intent to enter into an agreement to Lease 80 Acres on North Elk Vale Road to Matt Kammerer for the Purposes of a Haying Operation Only Pursuant to SDCL 9-12-5.2.

 

254.          No. PW042710-12 – Authorize Mayor and Finance Officer to Sign a Lease Agreement with Matt Kammerer for the Purposes of a Haying Operation for Property Located on North Elk Vale Road

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 255 – 262

 

255.          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. (Continued from the May 3, 2010 City Council meeting.)

 

256.          No. 10AN002 - A request by Shawn Brinkman and Kurt Garlick for a Petition for Annexation on Lots 3M, 3P, 3Q and 3R and 3L revised of Melody Acres Subdivision, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of S.D. Highway 44 and east of Valley Drive.

 

257.          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 A request 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.

 

258.          No. 10SE004 - A request by Kent Brugger for a Special Exception to the Flood Area Construction Regulations on Tract 1 of Rapid City Greenway Tract located in Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of Chapel Lane and Shore Drive.

 

259.          Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, street light conduit, water and sewer along the Section Line Highway and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the Sheridan Lake Road as they abut Lot 14 of Feay Reder Subdivision, located in the N1/2 of the NW1/4, Section 36, T1N, R6E, BHM, Pennington County, South Dakota, located along Sheridan Lake Road. (10SV005)

 

260.          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.

 

261.          Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of pavement along the alley right-of-way and to install street light conduit along Clark Street as they abut 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 along Clark Street. (10SV006)

 

262.          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.

 

BILLS

 

263.          No. CC051710-01 – Bill List for May 17, 2010

 

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

 

STAFF DIRECTION

 

264.          Approve Contract

 

ADJOURN