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City Council Policies and Procedures

 

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

7:00 P.M., June 7, 2010

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for May 17, 2010

 

AWARDS AND RECOGNITIONS

 

GENERAL PUBLIC COMMENT

 

A time for the members of the public to discuss or express concerns to the Council on any issue not on the agenda.  Action will not be taken at the meeting on any issue not on the agenda, except by placement on the agenda by unanimous vote of the Council members present.

 

NON-PUBLIC HEARING ITEMS -- Items 1 – 94

 

Public Comment opened – Items 1 – 61

Public Comment closed

 

CONSENT ITEMS – Items 1 – 56

 

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 21, 2010)

 

1.                  Downtown Rapid City Economic Development Corp. DBA Destination Rapid City, 606 Main Street for a Special Event Malt Beverage and Wine License for an event scheduled July 4, 2010 at Memorial Park.

 

2.                  Orris Enterprises Inc. DBA Vino 100, 520 7th Street Ste. 520 and 518, for a Retail (on-off sale) Malt Beverage License TRANSFER from Orris Enterprises Inc. DBA Vino 100, 520 7th Street Ste. 520

 

3.                  Orris Enterprises Inc. DBA Vino 100, 520 7th Street Ste. 520 and 518, for a Retail (on-off sale) Wine License TRANSFER from Orris Enterprises Inc. DBA Vino 100, 520 7th Street Ste. 520

 

4.                  Orris Enterprises Inc. DBA Vino 100, 520 7th Street Ste. 520 and 518, for a Package (off sale) Liquor License TRANSFER from Orris Enterprises Inc. DBA Vino 100, 520 7th Street Ste. 520

 

2010-2011 Retail (On-Off Sale) Malt Beverage License Renewals WITH Video Lottery

 

5.                  South City Investments LLC DBA South City Billiards, 640 E. St. Patrick 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

 

6.                  Northstar Inc. DBA Hunan Chinese Restaurant, 1720 Mt. Rushmore Rd., for a Retail (on-off sale) Malt Beverage License

 

7.                  Los Espinos LLC DBA LaCosta Mexican Restaurant, 603 Omaha St., for a Retail (on-off sale) Malt Beverage License

 

8.                  Benjamin and Maria Munoz DBA El Ranchito Mexican Restaurant, 1012 E. North St. Ste. A, for a Retail (on-off sale) Malt Beverage License

 

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

 

10.              Orris Enterprises Inc. DBA Vino 100, 520 7th Street Ste. 520 and 518, for a Retail (on-off sale) Malt Beverage License

 

2010-2011 Package (Off-Sale) Malt Beverage License Renewals

 

11.              Nash Finch Company DBA Family Thrift Center #253, 1516 E. St. Patrick St., for a Package (off-sale) Malt Beverage License

 

12.              Mini Mart Inc. DBA Mini Mart #442, 3106 W. Main St., for a Package (off-sale) Malt Beverage License

 

13.              Mini Mart Inc. DBA Mini Mart #444, 1627 Mt. Rushmore Rd., for a Package (off-sale) Malt Beverage License

 

14.              Mini Mart Inc. DBA Mini Mart #447, 1601 N. Haines Ave., for a Package (off-sale) Malt Beverage License

 

15.              Mini Mart Inc. DBA Mini Mart #451, 4260 Canyon Lake Dr., for a Package (off-sale) Malt Beverage License

 

Public Works Committee Consent Items

 

16.              No. PW051110-02 - Create a task force to study the issue of licensing taxicabs and limousines. 

 

17.              A request to have the Attorney’s Office and the Public Works Department proceed with drafting and ordinance amendment to allow off-street parking in the right-of-way on the 600 Block of Saint Cloud Street which will be brought forward at the June 16, 2010, Legal and Finance Committee Meeting.                 

 

18.              No. PW060110-01 – Acknowledge the report on Off-season fees for Irrigation Meters. 

 

19.              No. PW060110-03 – Approve Change Order No. 1F to Lipp Construction, Inc. for the Transit Shelters Installation, Project No. TS09-1835 / CIP No. 50779, for an increase of $4,541.73. 

 

20.              No. PW060110-04 – Approve Change Order No. 1F to RCS Construction, Inc. for the 44th Street Reconstruction-Phase 1, Project No ST05-1435 / CIP No. 50365, for a decrease of $13,152.13. 

 

21.              No. PW060110-05 – Approve Change Order No. 1F to Simon Contractors of SD, Inc. for the East North Street Maintenance Project, Project No. ST10-1867 / CIP No. 50445, for a decrease of $721.59. 

 

22.              No. PW060110-06 – Approve Change Order No. 2F to Simon Contractors of SD, Inc. for the 5th Street Pedestrian Crossing Project, Project No. ST08-1764 / CIP No. 50750, for a decrease of $2,512.86. 

 

23.              No. PW060110-07 – Approve Change Order No. 2F to Highmark, Inc. for the E. St. Francis Street, E. St. Anne Street, Aspen Ave., and Meade Street Water Main Reconstruction, Project No. W09-1810 / CIP No. 50626, for a decrease of $9,567.31.

 

24.              No. PW060110-08 – Authorize Staff to Advertise for Bids for Milo Barber Transportation Center Improvements – Site, Project No. GB08-1765 / CIP No. 50746.  Estimated cost:  $590,000.00.  ($472,000 FTA Reimbursable)

 

25.              No. PW060110-09 – Authorize Mayor and Finance Officer to Sign a Pipeline Crossing Agreement with Dakota, Minnesota, & Eastern Railroad Corporation, dba Canadian Pacific Railway, to install and maintain a pipe line for the Omaha Street Storm Water Quality Project, Project No. DR09-1801 / CIP No. 50782, for a license fee of $1,056.00. 

 

26.              No. PW060110-10 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with HDR Engineering, Inc. for final design, bidding, and construction services related to the St. Patrick Street Siphon Odor Control Facility Project, Project No. SS09-1825 / CIP No. 50774, in the amount of $78,076.00.

 

27.              No. PW060110-11 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with Sperlich Consulting, Inc. for preliminary and final design services and bidding services for the Corral Drive and Sheridan Lake Road Water Main Replacement Project, Project No. W10-1882 / CIP No. 50816, in the amount of $24,490.00.

 

28.              No. PW060110-12 – Authorize Mayor and Finance Officer to Sign Amendment No. 1 to the Professional Services Agreement with FourFront Design, Inc. for the Downtown Street Improvements – Phase 2, 6th Street from Omaha to Kansas City Street, Project No. ST10-1817 / CIP No. 50138, in the amount of $26,715.00.

 

29.              No. PW060110-13 – Authorize Mayor and Finance Officer to Sign an Agreement with SD Department of Transportation to Deposit Excess Embankment Material.  January 1, 2010 through completion of State Project No.:  NH 2016(17)64, PCN 6875. 

 

30.              No. PW060110-14 – Authorize Mayor and Finance Officer to Sign an Agreement with SD Department of Transportation for SDDOT to Purchase Highway Right of Way on State Highway Project No.:  P 0044(129)42, PCN 00X9, Pennington County, further described as SD44 (Jackson Boulevard) from Rapid Creek to Mountain View.  City Project No. SSW09-1509 / CIP No. 50351, Jackson Boulevard Utilities.

 

31.              No. PW060110-15 – Authorize Mayor and Finance Officer to Sign Addendum #1 to the Professional Services Agreement with Ferber Engineering Company, Inc. for the Silver Street Area Utility Improvements, Project No. SSW07-1656 / CIP No. 50418, in the amount of $27,707.50.  

 

32.              No. PW060110-17 – Approve a request by Patrick Burchill for Rapid City Economic Development Foundation to authorize preparation of an H-Lot located in the unplatted balance of Block 1 of South Creek Industrial Park located in the SW1/4 SW1/4 of Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, and authorize acceptance of the deed. 

 

Legal & Finance Committee Consent Items

 

33.              No. LF060210-01 – Approve request from Kent Brugger to serve and consume alcohol on city property.   

 

34.              No. LF060210-27 - Acknowledge the update on the Dakota Middle School Theater 2012 Project and moved to request the City Attorney’s office to work with the Performing Arts and the Rapid City School District to draft an addendum to the Memorandum of Understanding to allow the 2012 funding to be used for the performing arts facility.

 

35.              No. LF060210-04 – Approve revisions to the Historic Preservation Commission Bylaws.   

 

36.              No. LF060210-05 – Confirm appointment of Adeline Kalmback to the RSVP Advisory Council. 

 

37.              Request the City Attorney’s office to look at amendments to the Council policies and procedures in particular as it relates to Roberts Rules of Order and bring back a recommendation.   

 

38.              No. LF060210-06 – Acknowledge the Capital Improvements Program Committee monthly update for May 2010.   

 

39.              No. LF060210-07 – Approve the Capital Plan for Streets, Drainage and MIP Projects for May 2010. 

 

40.              No. LF060210-08 – Approve spending $15,000 Out of CIP Contingency for the CSAC server room cooling system.   

 

41.              No. LF060210-09 – Approve the 2010 Parks and Recreation Facility Partnership Program grant recommendations.   

 

42.              Authorize changing the June 18, 2010, CIP meeting to June 25, 2010.   

 

43.              Acknowledge the report regarding the 2012 update from Chapman.   

 

44.              No. LF060210-10 – Approve Event Permit for Ketel Thorstenson for July Chamber Mixer.   

 

45.              No. LF060210-11 - Approve Event Permit for Rapid City Fire Department to hold Threat Preparedness Joint Training Exercise on June 17, 2010.

 

46.              Acknowledge the report regarding revisions to mobile home regulations. 

 

47.              Acknowledge the following volunteers for workmen’s compensation purposes:  George Allen Larson.

 

48.              No. LF060210-14 – Approve Resolution No. 2010-062 Declaring Property Surplus.   

 

49.              No. CC060710-05 - Confirm appointment of Assistant Finance Officer Jeff Barbier.

 

50.              No. LF060210-15 – Authorize Mayor and Finance Officer to sign Summary of Material Modifications No. 2 to the City of Rapid City Medical and Dental Plans. 

 

51.              No. LF060210-16 – Authorize Mayor and Finance Officer to sign Summary of Material Modifications No. 3 to the City of Rapid City Medical and Dental Plans. 

 

52.              No. LF060210-17 – Authorize Mayor and Finance Officer to sign Application for Group Insurance with Wellmark Blue Cross and Blue Shield. 

 

53.              No. LF060210-18A – Authorize Mayor and Finance Officer to sign Amended Consultant Contract/Letter of Agreement for Consultant Services between the City of Rapid City and the State of South Dakota, Department of Corrections.

 

54.              No. LF060210-20 – Authorize staff to apply for LWCG and SCORP grants.   

 

55.              No. LF060210-25 – Authorize Mayor and Finance Officer to sign Memorandum of Agreement between the City of Rapid City and Western Resources for Dis-Abled Independence Regarding the Donation of the ADA Tribute Memorial Statue.

 

Growth Management Department Consent Items

 

56.              No. 10PL020 – Deny Without Prejudice 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.

 

END OF CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 57 – 61

 

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

 

Continue the following items until June 21, 2010:

 

57.              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.

 

58.              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.

 

59.              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.

 

60.              No. 10PL027 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1R and 3, Eastbrooke Subdivision, all located in the SE1/4 of the SW1/4 of Section 31, T2N, R8E, & in the NE1/4 of the NW1/4 of Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 thru 21 and the vacated alley of Block 1 of Brennen & Sweeney Addition of Section 6, T1N, R8E; Lot 1 of Eastbrooke Subdivision, a portion of the S1/2 of the vacated St. Louis Street right-of-way, a portion of the east 10 feet of the vacated Racine Street right-of-way and Tract B of the SE1/4 of the SW1/4, all located in the SE1/4 of the SW1/4 of Section 31, T2N, R8E,  and in the NE1/4 of the NW1/4 of Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of East Omaha Street between Waterloo Street and LaCrosse Street.

 

61.              No. 10PL028 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots A and B of White Eagle Ranch, located in the NE1/4 of the SE1/4, Section 19, T1N, R9E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 of the SE1/4, Section 19, T1N, R9E, BHM, Rapid City, Pennington County, South Dakota, located at 14870 East Highway 44.

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 62 – 94

 

Public Comment opened – Items 62 – 94

Public Comment closed

 

Ordinances

 

62.              No. LF060210-21 – First Reading, Ordinance No. 5616, An Ordinance to Amend the Homeowner Permits Exemption Established by the Rapid City Electrical Code by Amending Subsection 80.5 of Section 15.16.020 of Chapter 15.16 of the Rapid City Municipal Code.

 

63.              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 Medium Density Residential District to General Commercial District on Tract B of the SEĽ of the SWĽ, 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 SEĽ of the SWĽ of Section 31, T2N, R8E, BHM, and the point of beginning, Thence first course: N89ş58’29”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: S00ş05’14”W, along the easterly edge of said Vacated Alley, a distance of 62.12 feet; Thence third course: N89ş56’48”W, along the southerly edge of said Vacated Alley, a distance of 20.00 feet; Thence fourth course: N00ş05’14”E, along the westerly edge of said Vacated Alley, a distance of 62.11 feet; Thence fifth course: N89ş58’29”W, along the southerly boundary of said Tract B, a distance of 265.11 feet; Thence sixth course: N00ş02’43”E, a distance of 333.80 feet; to a point on the southerly boundary of Lot A of Blakes Addition; Thence seventh course: S89ş30’42”E, along the southerly edge of said Lot A, a distance of 449.43 feet; Thence eighth course: S00ş10’47”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.

 

64.              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 Medium Density Residential District to Office Commercial District on Lot 1 of Eastbrooke Subdivision, a portion of the S˝ 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: S89ş51’08”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: N00ş16’04”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: S89ş49’26”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: S89ş09’06”E, a distance of 28.63 feet; Thence fifth course: N00ş12’18”E, a distance of 4.94 feet; Thence sixth course: S89ş30’42”E, a distance of 31.32 feet; Thence seventh course: S00ş02’43”W, a distance of 274.08 feet; Thence eighth course: N89ş51’02”W, a distance of 60.52 feet, to the southeasterly corner of said Lot 1; Thence ninth course: N89ş51’02”W, along the southerly boundary of said Lot 1, a distance of 325.56 feet; Thence tenth course: N58ş41’15”W, along the southerly boundary of said Lot 1, a distance of 96.18 feet; Thence eleventh course: S89ş54’47”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: N00ş13’38”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 Waterloo Street and Racine Street.

 

65.              No. 10RZ036 - First Reading, Ordinance 5618, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Public District of 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.

 

66.              No. 10RZ037 - First Reading, Ordinance 5619, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Mobile Home Residential District of Lot 7 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2806 East Fairmont Street.

 

67.              No. 10RZ038 - First Reading, Ordinance 5620, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Mobile Home Residential District of Lot 36 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2808 Cactus Drive.

 

68.              No. 10RZ039 - First Reading, Ordinance 5621, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Mobile Home Residential District of Lot 14 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2707 Cactus Drive.

 

69.              No. 10RZ040 - First Reading, Ordinance 5622, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Mobile Home Residential District of Lot 33 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2802 Cactus Drive.

 

Growth Management Department Items

 

70.              No. 09PL047 – Approve 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.

 

71.              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, located in the SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 125, 131 and 133 MacArthur.

 

72.              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.

 

73.              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.

 

Legal & Finance Committee Items

 

74.              No. LF042810-05 – Resolution No. 2010-038 to Establish the Position of Airport Electrician. (Continued from the May 3, 2010 City Council meeting.)

 

75.              No. LF042810-06 – Resolution No. 2010-052 to Amend the City of Rapid City Compensation Plan by Reclassifying the Position of Deputy Airport Director. (Continued from the May 3, 2010 City Council meeting.)   

 

76.              No. LF060210-02 – Request staff to work with the American Red Cross, Black Hills Chapter to draft a lease for Fire Station #7.   

 

77.              No. LF060210-03 – Recommendations from the Sign Code Task Force.

 

78.              No. LF060210-26 – A request to authorize the Mayor and Finance Officer to sign Shared Parking Agreement and Mutual Parking Easement between the City of Rapid City and Nancy I. Bradsky, Mark S. Bradsky, and Patrick H. Vidal.   

 

79.              Acknowledge support from the CIP Committee for the ordinance change to allow IT purchases through CIP.   

 

80.              Recommend the City Council set a Special Council meeting for Wednesday, June 30, 2010, at 6:00 p.m. to receive the recommendations from the citizen groups as it relates to Phase 4 of 2012.

 

81.              No. LF060210-19 – A request for preliminary approval of the FY 2009 Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program and authorize the Mayor and Finance Officer to Sign the SF424 and Certifications for Submittal to HUD.

 

82.              No. LF051210-08A – A request to 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.  

 

Public Works Committee Items

 

83.              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. (Continued from the May 17, 2010 City Council meeting.)

 

84.              Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sidewalk along Meadowbrook Drive as it as they abut Lot 2, Block 2, Dunham Estates, located in Section 16, T1N, R7E, Pennington County, South Dakota, located at 3404 Meadowbrook Drive. (PW060110-16)

 

85.              No. PW060110-16 – Approve with a “waiver of right to protest” a request to waive the requirement to install sidewalk as per City Ordinance 12.16.080 on Lot 2 of Block 2 of Dunham Estates, located in Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.   

 

86.              No. CC060710-04 - City Surplus Auctions     

 

87.              No. 10FV004 - Approve with stipulations a request by Raymond Cornford, III for a Fence Height Exception to allow a fence that exceeds six feet in the rear yard setback on Lot 6 of Block 1 of Plum Creek Subdivision, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4012 Rosewood Lane. 

 

Bids

 

88.              No. CC060710-02.1 Saint Joseph Street Landscaping; SDDOT Project No. P0ENH (192) PCN02FU; City of Rapid City Project No. ST09-1818 / CIP No. 50771

 

89.              No. CC060710-02.2 Brentwood Subdivision Grading and Surfacing Completion; Project No. ST10-1863

 

Mayor’s Items

 

90.              Administer Loyalty Oath to Jeff Barbier.

 

91.              No. CC060710-06 - Resolution 2010-069 - A Resolution Ending the Moratorium on the Acceptance of Applications for On-Premise Sign Permits

 

Council Items & Liaison Reports

 

92.              No. CC060710-07 - City Ordinance for Yard Care, Alderwoman Martinson

92A.           Presentation and Request for Extension by St. Joe Investment Group LLC

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

93.              Direction on Resolution on Council Notification Procedures (Tabled at the May 12, 2010 Legal & Finance Committee meeting), Alderman Kooiker

 

Staff Items

 

94.              No. CC060710-03 – Vision 2012 Update

 

Appeals

 

DARB

 

License application appeals

 

Sign Code Appeals

 

Other Appeals Heard by the Council

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 95 – 225

 

Open Public Hearing (comment) -- Items 95 – 225

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 95 – 103

 

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

 

Continue the following items until June 21, 2010:

 

95.              No. 10CA013 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the future land use designation from Medium Density Residential to General Commercial with a Planned Commercial Development on a portion of Tract B of the SEĽ of the SWĽ, a portion of the S˝ of vacated St. Louis Street right-of-way, and a portion of the east 10 feet of vacated Racine Street right-of-way, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the southeasterly corner of Tract B of the SE Ľ of the SW Ľ of Section 31, T2N, R8E, BHM, and the point of beginning, Thence first course curving to the left, along, on a curve with a radius of 354.60 feet, a delta angle of 62ş52’17”, a length of 389.11 feet, a chord bearing of N56ş16’05”W, and chord distance of 369.88 feet; Thence second course: N90ş00’00”W, a distance of 142.94 feet; Thence third course: N00ş02’43”E, a distance of 128.60 feet; Thence fourth course: S89ş30’42”E, a distance of 449.43 feet; Thence fifth course: S00ş10’47”W,  along the easterly boundary of said Tract B, a distance of 330.17feet to the point of beginning, located north of East Omaha Street between Racine Street and LaCrosse Street.

 

96.              No. 10CA014 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the future land use designation from Mobile Home Park to General Commercial with a Planned Commercial Development on a portion of Tract B of the SEĽ of the SWĽ, a portion of the east 10 feet of vacated Racine Street right-of-way, and a portion of Racine Street right-of-way, all located in Section 31, T2N, R8E, and a portion of Racine Street right-of-way, Lots 1 thru 4, 21 and a portion of Lots 5 thru 20 and the vacated alley located in Block 1 of Brennen and Sweeney Addition, all located 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 SEĽ of the SWĽ of Section 31, T2N, R8E, BHM,  common to the northeasterly corner of Block 1 of Brennen and Sweeney Addition, and the point of beginning, Thence first course: S00ş16’07”W, along the easterly boundary of said Block 1, a distance of 106.27 feet; Thence second course: S89ş47’39”W, a distance of 510.47 feet, to a point on the westerly edge of Racine Street Right-of-Way; Thence third course: N00ş12’21”W, along the westerly edge of said Racine Street Right-of-Way, a distance of 108.08 feet, to a point on the section line common to Section 31, T2N, R8E, BHM, and Section 6, T1N, R8E, BHM; Thence fourth course: N00ş09’45”W, along the westerly edge of said Racine Street Right-of-Way, a distance of 60.09 feet, to the southeasterly corner of Lot 1 of Eastbrooke Subdivision; Thence fifth course: S89ş51’02”E, distance of 60.52 feet; Thence sixth course: N00ş02’43”E, a distance of 145.48 feet; Thence seventh course: S90ş00’00”E, a distance of 142.94 feet; Thence eighth course curving to the right, along, on a curve with a radius of 354.60 feet, a delta angle of 62ş52’17”, a length of 389.11 feet, a chord bearing of S56ş16’05”E, and chord distance of 369.88 feet, to the southeasterly corner of said Tract B, common to the northeasterly corner of said Block 1, and the point of beginning, located north of East Omaha Street between Racine Street and LaCrosse Street.

 

97.              No. 10CA015 - A request by Dream Design International, Inc. for an Amendment to the adopted Comprehensive Plan to change the future land use designation from Medium Density Residential to Office Commercial with a Planned Commercial Development on a portion of Lot 1 of Eastbrooke Subdivision, a portion of the S˝ 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, and the point of beginning, Thence first course: S89ş51’08”E, along the northerly boundary of said Lot 1, a distance of 17.37 feet; Thence second course: N00ş16’04”E, along the northerly boundary of said Lot 1, a distance of 4.07 feet; Thence third course: S89ş49’26”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: S89ş09’06”E, a distance of 28.63 feet; Thence fifth course: N00ş12’18”E, a distance of 4.94 feet; Thence sixth course: S89ş30’42”E, a distance of 31.32 feet; Thence seventh course: S00ş02’43”W, a distance of 128.60 feet; Thence eighth course: N89ş57’17”W, a distance of 545.03 feet, to a point on the westerly boundary of said Lot 1; Thence ninth course: N00ş13’38”E, along the westerly boundary of said Lot 1, a distance of 121.33 feet, to the northwesterly corner of said Lot 1and the point of beginning, located north of East Omaha Street between Waterloo Street and Racine Street.

 

98.              No. 10CA016 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the future land use designation from Mobile Home Park to Office Commercial with a Planned Commercial Development on a portion of Lot 1 of Eastbrooke Subdivision, 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 southwesterly corner of Lot 1 of Eastbrooke Subdivision, and the point of beginning, Thence first course: N00ş13’38”E, along the westerly boundary of said Lot 1, a distance of 95.04 feet; Thence second course: S89ş57’17”E, a distance of 545.03 feet; Thence third course: S00ş02’43”W, a distance of 145.48 feet; Thence fourth course: N89ş51’02”W, a distance of 62.11 feet, to the southeasterly corner of said Lot 1; Thence fifth course: N89ş51’02”W, along the southerly boundary of said Lot 1, a distance of 325.56 feet; Thence sixth course: N58ş41’15”W, along the southerly boundary of said Lot 1, a distance of 96.18 feet; Thence seventh course: S89ş54’47”W, along the southerly boundary of said Lot 1, a distance of 77.04feet, to the southwesterly corner of said Lot 1, and the point of beginning, located north of East Omaha Street between Waterloo Street and Racine Street.

 

99.              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.

 

100.          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.

 

101.          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.

 

102.          No. 10SV007 - Approve request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer at the Section Line Highway and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer at Airport Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots A and B of White Eagle Ranch, located in the NE1/4 of the SE1/4, Section 19, T1N, R9E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 of the SE1/4, Section 19, T1N, R9E, BHM, Rapid City, Pennington County, South Dakota, located at 14870 East Highway 44.

 

103.          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 95 – 225

 

CONSENT PUBLIC HEARING ITEMS – Item 104 – 219

 

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

 

Growth Management Items

 

104.          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.

 

105.          No. 10VR002 – Approve a request by Dream Design International, Inc. for a Vacation of Right-of-way on 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 Waterloo Street and LaCrosse Street.

 

Alcohol Licenses

 

106.          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

 

107.          Black Hills Home Builders Association for a Special Event Malt Beverage License for an event scheduled June 17, 2010 at Prairie Edge Trading Co., 606 Main Street

 

108.          Rapid City Regional Hospital Foundation for a Special Event Wine License for an event scheduled June 19, 2010 at The Golf Club at Red Rock, 6520 Birkdale Drive

 

109.          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

 

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

 

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

 

112.          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

 

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

 

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

 

115.          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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

123.          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

 

124.          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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

134.          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

 

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

 

136.          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

 

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

 

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

 

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

 

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

 

141.          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

 

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

 

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

 

144.          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

 

145.          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

 

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

 

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

 

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

 

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

 

150.          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

 

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

 

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

 

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

 

154.          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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

167.          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

 

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

 

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

 

170.          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

 

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

 

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

 

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

 

174.          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

 

175.          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

 

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

 

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

 

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

 

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

 

180.          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

 

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

 

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

 

183.          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

 

184.          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

 

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

 

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

 

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

 

188.          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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

213.          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

 

214.          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

 

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

 

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

 

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

 

Transfers

 

218.          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

 

219.          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

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 220 – 225

 

220.          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.

 

221.          Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment of street improvements as they abut 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, located in the SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at located at 125, 131 and 133 MacArthur. (09SV025)

 

222.          No. 09SV025 - A request by Fisk Land Surveying & Consulting Engineers for Ehli Family Trust for a Variance to the Subdivision Regulations to waive the requirement to allow a one foot public access and utility easement in lieu of a one foot right-of-way dedication and to reduce the pavement width from 27 feet to 24 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lots C, D and E of Mahoney Addition No. 2, located in the SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the east 90 feet less the north 8˝ feet of Block 103, the west 50 feet less the north 8˝ feet of Block 102, the east 115 feet less the north 8˝ feet of Block 102 all in Mahoney Addition, located in the SEĽ of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 125, 131 and 133 MacArthur.

 

223.          No. 10SE005 - A request by Dixie Holy Eagle for Great Plains Okolakiciye for a Special Exception to the Flood Area Construction Regulations on Tract 20 less H1 of Rapid City Greenway Tract, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located in Memorial Park north of Omaha Street between North Mt. Rushmore Road and Fifth Street.

 

224.          No. 10UR004An 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.

 

225.          No. 10UR005An 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

 

226.          No. CC060710-01 – Bill List for June 7, 2010


ADDENDUM

 

227.          No. 10FV005 – Chapel Valley Subdivision - A request by Sara Baron Houy for a Fence Height Exception to allow a six foot high fence within the 25 front year setback on Lot C of Lot 10 of Block 1 of Chapel Valley Subdivision, Section 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4515 Steamboat Circle.

 

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

 

STAFF DIRECTION

 

ADJOURN