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City Council Policies and Procedures

 

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

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

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for June 28, 2010, June 30, 2010, July 6, 2010 and July 14, 2010 Special Council meetings and July 6, 2010 Regular Council meeting.

 

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.

 

3.                  Report from the Rapid City Public Library Board

 

NON-PUBLIC HEARING ITEMS -- Items 4 - 76

 

Public Comment opened – Items 4 - 59

Public Comment closed

 

CONSENT ITEMS – Items 4 - 49

 

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

 

Vacations of Right-Of-Way Set for Hearing (August 11, 2010)

 

4.                  No. 10VR003 - Original Town of Rapid City - A request by FourFront Design, Inc. for Downtown Rapid City Economic Development to consider an application for a Vacation of Right-of-way on that portion of Main Street adjacent to Lots 17-22 of Block 75, and a portion of Main Street at the intersection of Sixth Street and Main Street, of Original Town of Rapid City located in the NW1/4 of the NW1/4 of Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the northeast corner of the intersection of Sixth Street and Main Street.    

 

5.                  No. 10VR004 - Original Town of Rapid City - A request by FourFront Design, Inc. for Downtown Rapid City Economic Development Corporation to consider an application for a Vacation of Right-of-way on that portion of Sixth Street adjacent to Lot 17 of Block 75 of Original Town of Rapid City located in the NW1/4 of the NW1/4 of Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the northeast corner of the intersection of Sixth Street and Main Street.

 

Alcoholic Beverage License Applications Set for Hearing (August 2, 2010)

 

6.                  168 Inc. DBA China Luck, 740 Mt. View Rd., for a Retail (on-off sale) Malt Beverage License TRANSFER from Li Zhu DBA Asian Garden, 740 Mt. View Rd.

 

7.                  168 Inc. DBA China Luck, 740 Mt. View Rd., for a Retail (on-off sale) Wine License TRANSFER from Li Zhu DBA Asian Garden, 740 Mt. View Rd.

 

8.                  Rapid City Cosmopolitan Club for a Special Event Malt Beverage License for an event scheduled on September 17, 2010 at Memorial Park.

 

Public Works Committee Consent Items

 

9.                  Acknowledge the report on Executive Session Documentation Regarding the Landfill Investigation.  

 

10.              No. PW071310-01 – Acknowledge the report on Public Works Professional Services Contract Summary.  

 

11.              Acknowledge the report on Canyon Lake Park Water Line Project Update.

 

12.              No. PW071310-02 – Approve Change Order No. 2F to Brewer Construction for East Saint Patrick Sidewalk, Project No. MIP09-1805 / CIP No. 50298, for a decrease of $218.12.

 

13.              No. PW071310-04 – Approve Change Order No. 5F to Natgun Corporation for Elk Vale Low Level Reservoir, Project No. W07-1638 / CIP No. 50321, for a decrease of $81,495.71.

 

14.              No. PW071310-05 – Authorize Staff to Advertise for Bids for the 2010 Roof Replacement Project, Project No. GB10-1892 / CIP No. 50098.  Estimated cost:  $200,000.00.

 

15.              No. PW071310-06 – Authorize Staff to Advertise for Bids for Snow Removal Operations for City Parking Lots and Ramp.  Estimated cost:  $30,000.00.

 

16.              No. PW071310-07 – Authorize Staff to Advertise for Bids for Equipment Rental Rates for Snow Removal Operations.  Estimated cost:  $50,000.00.

 

17.              No. PW071310-08 – Authorize Staff to Advertise for Bids for 6th St from Kansas City St to Omaha St, Project No. ST10-1817 / CIP No. 50138.  Estimated cost:  $3,222,185.00.

 

18.              No. PW071310-09 – Authorize Mayor and Finance Officer to Sign Amendment No. 1 to Funding Agreement Number 713983 Between the City of Rapid City and the SD Department of Transportation for the St. Joseph Street Landscaping Project, Project No. ST09-1818 / CIP No. 50771, Transportation Enhancement Project No. ES 0ENH(192) PCN 02FU.

 

19.              No. PW071310-10 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with CETEC Engineering Services, Inc. for Well 10 Pump Replacement, Project No. W10-1889 / CIP No. 50831, in the amount of $5,520.00.

 

20.              No. PW071310-11– Authorize Mayor and Finance Officer to Sign an Agreement with SD Department of Transportation for Anamosa Street Reconstruction, Haines to Midway, State Project No. P 1648 (03) PCN H021, City Project No. ST07-1472 / CIP No. 50519.

 

21.              No. PW071310-12 – Authorize Mayor and Finance Officer to Sign a Petition to Vacate Public Right-of-Way for the Jackson Springs Water Treatment Plant Project, Project No. W07-1689 / CIP No. 50696. 

 

22.              No PW071310-13 – Authorize Mayor and Finance Officer to Sign an Agreement for Right of Way Acquisition by Established Payment, East Anamosa Street Extension, Lacrosse to Century, Project No. ST04-1397 / CIP No. 50316.

 

23.              No. PW071310-14– Authorize Mayor and Finance Officer to Sign a Right of Way Certificate, East Anamosa Street Extension, Lacrosse to Century, Project No. ST04-1397 / CIP No. 50316. 

 

24.              No PW071310-15 – Authorize Mayor and Finance Officer to Sign Addendum No. 2 to the Professional Services Agreement with FMG, Inc. for Jackson Boulevard Utilities, Project No. SSW09-1509 / CIP No. 50351, in the amount of $205,998.00. 

 

25.              No. 10FV007 – Approve a request by Stephen and Angela Hall for a Fence Height Exception to allow a six foot fence in lieu of a four foot fence in the front yard setback on Lot 11 of Block 13 of South Robbinsdale Addition, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 802 East Iowa Street.  

 

26.              Acknowledge the report on the Status of Rapid City Greenway Trails and Pedestrian Facilities, Project No. PR08-6017.

 

Legal & Finance Committee Consent Items

 

27.              No. LF071410-01 – Authorize Mayor and Finance Officer to sign Vacation of Right of Way Petitions for Main Street Square.   

 

28.              No. LF071410-02 – Deny request from Dakota Transit Association to consume alcohol on City property.   

 

29.              No. LF071410-22 - Confirm appointment of Jan Gustin to the BID Board for a three year term.   

 

30.              No. LF071410-03 – Acknowledge the Capital Improvements Program Committee monthly update for June 2010.   

 

31.              No. LF071410-04 – Approve the Capital Plan for Streets, Drainage and MIP Projects for June 2010.   

 

32.              No. LF071410-05 – Approve the CIP Government Buildings Five Year Plan – Proposal 3. 

 

33.              No. LF071410-18 – Approve Event Permit from The Alex Johnson Hotel for motorcycle parking August 8-15, 2010, in the Sixth Street loading zone for the Alex Johnson Hotel.   

 

34.              No. LF071410-19 – Approve Event Permit from Firehouse Brewing Co. and Destination Rapid City for motorcycle only parking August 8-13, 2010, on the north side of the 600 block and the 700 block of Main Street with the discretion that if it is not being used it can be shut down.   

 

35.              No. LF071410-20 – Authorize staff to advertise for bids for purchase of two dealer demonstrator fire engines. 

 

36.              No. 10TP019 – Authorize Mayor and Finance Officer to sign Professional Service Agreement with Ferber Engineering Company, Inc. for the Piedmont Valley and Black Hawk (Meade County) Neighborhood Area Future Land Use Plan in an amount not to exceed $48,500.00. 

 

37.              No. LF071410-09 – Acknowledge report on retail (on-off sale) malt beverage license eligible for video lottery.   

 

38.              No. LF071410-10 – Acknowledge annual report on tax increment financing districts. 

 

39.              No. LF071410-11 – Approve Resolution No. 2010-085 Declaring Property Surplus.   

 

40.              No. LF071410-12 – Approve Resolution No. 2010-086 Fixing Time and Place for Hearing on Assessment Roll of Business Improvement District. 

 

41.              No. LF071410-13 – Authorize Mayor and Finance Officer to sign Contract for Fiscal Year 2010 Community Development Block Grant Sub-Recipients – Behavior Management Systems.   

 

42.              No. LF071410-14 – Authorize Mayor and Finance Officer to sign Contract for Fiscal Year 2010 Community Development Block Grant Sub-Recipients – Teton Coalition, Inc.   

 

43.              No. LF063010-13 – Authorize Mayor and Finance Officer to sign Contract for Fiscal Year 2010 Community Development Block Grant Sub-Recipients –Cornerstone Rescue Mission as Well as the Indenture of Restrictive Covenants.

 

44.              No. LF071410-15 – Acknowledge Public Works Professional Services Contract Summary.   

 

45.              Acknowledge the report regarding the Canyon Lake water line project. 

 

46.              Acknowledge the report regarding the city/county onsite septic system program.

 

47.              No. LF071410-21 – Acknowledge status report on Rapid City Greenway Trails and Pedestrian Facilities Project No. PR08-6017.

 

48.              No. LF071410-16 – Acknowledge report regarding professional service contracts entered into in the second quarter of 2010 under $25,000.

 

Growth Management Department Consent Items

 

49.              No. 10PL040 – Acknowledge withdrawal of a request by Renner & Associates, LLC for GCC Dakotah for a Layout Plat on Lot 1 of Harley-Davidson Subdivision, located in the S1/2 of the SW1/4 of Section 22, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 thru 3 of R&L Subdivision, Lot H4 of the SW1/4 of Section 22, and a portion of the SW1/4 of Section 22, all located in T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of U.S. Interstate 90 and Deadwood Avenue.

 

END OF CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 50 – 59

 

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

 

Continue the following items until August 2, 2010:

 

50.              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.

 

51.              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.

 

52.              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.

 

53.              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.

 

54.              No. 10PL036 - A request by CETEC Engineering Services, Inc. for RCS Storage, LLC for a Layout and Preliminary Plat on Lot 3R of Marlin Industrial Park, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 3 and 4 of Marlin Industrial Park, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1718 and 1824 Marllin Drive.

 

55.              No. 10PL037 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 14 thru 22 of Block 7 and Lots 14 thru 21 of Block 8 of Red Rock Meadows Subdivision, of the NW1/4 of the NW1/4, Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NW1/4 of the NW1/4, Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Seminole Lane.

 

56.              No. 10PL041 - A request by Dream Design International, Inc. for a Layout Plat on Lots 1 and 2 of Baxter Subdivision, located in the SW1/4 SE1/4 SW1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, legally described as an unplatted parcel of land located in the SW1/4 SE1/4 SW1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located at 7601 Pioneer Circle.

 

57.              No. 10PL042 - A request by Sperlich Consulting, Inc. for Century Resources, Inc. for a Preliminary Plat on Lots 2 thru 5 and Lots 7 thru 9 of Vista Ridge Subdivision and Lots 5, 8 and 9 of Block 1 of Menard Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot 3 and all of the adjacent alley of the NW1/4 of the SW1/4, less Lot H1, a portion of the NW1/4 of the SW1/4 and a portion of the NE1/4 of the SW1/4, located in the N1/2 of the SW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of East North Street and East Anamosa Street.

 

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

 

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

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 60 – 76

 

Public Comment opened – Items 60 – 76

Public Comment closed

 

Ordinances

 

60.              No. LF071410-17 – First Reading, Ordinance No. 5633, An Ordinance Changing the Classification of Users of Untreated Irrigation Water from Irrigation Users to Commercial Users by Amending Section 13.04.005 of the Rapid City Municipal Code. 

 

61.              No. 10RZ042 - First Reading, Ordinance No. 5634, 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 General Agriculture District to Mobile Home Park District of the SW1/4 NW1/4 and the NW1/4 SW1/4, Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Elk Vale Road and south of Country Road.

 

62.              No. 10OA001 – Second Reading, Ordinance No. 5627, An Ordinance Adding Race Tracks with On-Sale Liquor Establishment and Planned Developments as Conditional Uses in the General Agriculture Zoning District by Amending Section 17.34.030 of the Rapid City Municipal Code. 

 

63.              No. 08OA003 – Second Reading, Ordinance No. 5626, An Ordinance to Amend the Regulation of Sight Triangles by Amending Section 17.50.335 of the Rapid City Muncipal Code.

 

64.              No. LF063010-17 – Second Reading, Ordinance No. 5624, An Ordinance Amending the Regulation of Fugitive Emissions and the Abatement of Smoke by Repealing  Chapters 8.34, 8.36, 8.37, 8.38, 8.39, 8.40, 8.41, 8.42 and 8.44 and Adopting a New Revised Chapter 8.34. 

 

Growth Management Department Items (None)

 

Legal & Finance Committee Items

 

65.              No. LF071410-06 – Authorization for the Mayor and Finance Officer to sign State of South Dakota Consultant Contract/Letter or Agreement for Consultant Services (January 3-14, 2011).   

 

66.              No. LF071410-07 – Authorization for the Mayor and Finance Officer to sign State of South Dakota Consultant Contract/Letter or Agreement for Consultant Services (May 2-13, 2011).   

 

67.              No. LF071410-08 – Authorization for the Mayor and Finance Officer to sign State of South Dakota Consultant Contract/Letter or Agreement for Consultant Services (September 12-23, 2011).   

 

Public Works Committee Items

 

68.              No. 10EX106 - Deny the Appeal for Exception to allow access to higher traveled street for proposed Lot 3, Eastbrooke Subdivision, located in the NE¼ of the SW¼ of Section 6, T1N, R8E and the SE¼ of the SW¼ of Section 31, T2N, R8E, BHM, Pennington County, Rapid City, South Dakota. (Continued from the July 6, 2010 City Council Meeting)

 

69.              No. PW060110-02 - Acknowledge the report on Cabela’s Land Transfer. (Continued from the July 6, 2010 City Council Meeting)

 

70.              No. 10FV008 – Approve a request by Joan Townsend for a Fence Height Exception to allow a seven foot fence in lieu of a four foot fence in the front yard setback on Lot 8A of Block 2 of Northridge Subdivision, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3504 Lawrence Drive. 

 

Bids

 

71.              No. CC071910-02.1 – One (1) New Type I Four Wheel Drive Class I Star of Life Certified Ambulance (Opened July 6, 2010)

 

72.              No. CC071910-02.2 – Ninth Street Water Main – Project No. W10-1885 / CIP No. 50815 (Opened July 13, 2010)

 

73.              No. CC071910-02.3 – Saint Patrick Sidewalk Repairs and ADA Upgrades – Project No. ST10-1874 / CIP No. 50809 (Opened July 13, 2010)

 

74.              No. CC071910-02.4 – Milo Barber Transportation Center Site Improvements – Project No. GB08-1765 (Opened July 13, 2010)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

75.              No. CC071910-03 - Discussion of loss prevention by implementation of Fraud and Waste Hotline, Alderman Mason

 

76.              Casino Buffer Zones for Residential Neighborhoods, Aldermen Waugh and 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 77 – 94

 

Open Public Hearing (comment) -- Items 77 – 94

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 77 – 81

 

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

 

Continue the following items until August 2, 2010:

 

77.              No. 10SV007 - A 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.

 

78.              No. 10SV008 - A request by Renner & Associates, LLC for Skyline Pines, East, LLLP for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along a portion of Fairmont Boulevard as per Chapter 16.16 of the Rapid City Municipal Code on Tract 1 of Lot 19 and the dedicated Fairmont Boulevard Right-of-way of the Skyline Pines East Subdivision, located in the N1/2 of the SE1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Mt. Rushmore Road and North of Tower Road at the western terminus of Cathedral Drive.

 

79.              No. 10SV012 - A request by CETEC Engineering Services, Inc. for RCS Storage, LLC for a Variance to the Subdivision Regulations to waive the requirement to install water and sewer along Elk Vale Road as per Chapter 16.16 of the Rapid City Municipal Code on Lot 3R of Marlin Industrial Park, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 3 and 4 of Marlin Industrial Park, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1718 and 1824 Marlin Drive.

 

80.              No. 10SV014 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to reduce the pavement width from 27 feet to 20 feet and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Pioneer Circle as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Baxter Subdivision, located in the SW1/4 SE1/4 SW1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, legally described as an unplatted parcel of land located in the SW1/4 SE1/4 SW1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located at 7601 Pioneer Circle.

 

81.              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 77 – 94

 

CONSENT PUBLIC HEARING ITEMS – Item 82 – 83

 

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

 

Growth Management Items

 

82.              No. 10CA019 – Approve a request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Low Density Residential to Medium Density Residential with a Planned Residential Development on all of Block 11 of Mahoney Addition, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 229 Lindbergh Avenue.

 

83.              No. 10SV013 – Deny a request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install sewer along Racine Street and to reduce the right-of-way width for LaCrosse Street from 100 feet to 80 feet as per Chapter 16.16 of the Rapid City Municipal Code on the vacated S1/2 of St. Louis Street, the vacated 10 foot of Racine Street and a portion of Racine Street, Tract B of the SE1/4 of the SW1/4, Section 31, T2N, R8E, all of Block 1 of Brennan and Sweeney Addition and the vacated alley in Block 1 of Brennan and Sweeney Addition of Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at Racine Street and LaCrosse Street. (Continued from the July 6, 2010 City Council meeting)

 

Alcohol Licenses (None)

 

Assessment Rolls (None)

 

Other Items Requiring Public Hearings (None)

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 84 – 94

 

84.              No. 10EX107 – Appeal of the Denial of a Request for an Exception to waive the requirement for a second access for 81 dwelling units regarding the proposed Lots 1 and 2 of Baxter Subdivision, located in the SW¼ SE¼ SW¼ Section 31, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.

 

85.              No. 10RZ016 - Second 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.

 

86.              No. 10RZ017 - Second 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.

 

87.              No. 10RZ018 - Second 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.

 

88.              No. 10RZ019 - Second 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.

 

89.              No. 10RZ021 - Second Reading, Ordinance 5628, 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 8 of Melody Acres No. 2, located in Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2808 E. Fairmont Street.

 

90.              No. 10RZ022 - Second Reading, Ordinance 5629, 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 32 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2800 Cactus Drive.

 

91.              No. 10RZ024 - Second Reading, Ordinance 5630, 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 Lots 37 and 38 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2810 Cactus Drive.

 

92.              No. 10RZ025 - Second Reading, Ordinance 5631, 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 4 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2800 East Fairmont Drive.

 

93.              No. 10RZ026 - Second Reading, Ordinance 5632, 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 36 of Melody Acres No. 2, located in Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2808 Cactus Drive.

 

94.              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.

 

BILLS

 

95.              No. CC071910-01 – Bill List for July 19, 2010

 

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

 

STAFF DIRECTION

 

96.              Authorize Mayor and Finance Officer to Sign Agreement with AFSCME Local 1031

ADJOURN