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City Council Policies and Procedures

  

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

7:00 P.M., December 20, 2010

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for November 29, 2010 Special Council meeting and December 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.

 

NON-PUBLIC HEARING ITEMS -- Items 3 - 68

 

Public Comment opened – Items 3 - 53

Public Comment closed

 

CONSENT ITEMS – Items 3 - 48

 

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 (January 3, 2010)

 

3.                  Youth & Family Services, Inc. DBA Youth & Family Services, Inc. for a Special Event Wine and Malt Beverage License for an Event Scheduled for February 18, 2011 and February 19, 2011, 120 East Adams Street

 

4.                  Dakota Celts Inc. DBA Dakota Celts, Inc. for a Special Event Wine and Malt Beverage License for an Event Scheduled for January 22, 2011, Celts Hall, Pennington County Fairgrounds (801 San Francisco Street)

 

5.                  Ixtapa LLC DBA Ixtapa, 603 Omaha Street for Retail (on-off sale) Malt Beverage

 

6.                  Ixtapa LLC DBA Ixtapa, 603 Omaha Street for Retail (on-off sale) Wine

 

7.                  Dealer Exchange Inc DBA Kaktus Kim's, Rushmore Mall Space 478 for a Retail (on-off sale) Malt Beverage Transfer from TADY LLC DBA Sports Buzz, 2010 Mt Rushmore Road

 

8.                  Dealer Exchange Inc DBA Kaktus Kim's, Rushmore Mall Space 478 for a Retail (on-off sale) Wine

 

Public Works Committee Consent Items

 

9.                  No. PW121410-01 – Approve the Request for Wood Chips from the Journey Museum – Gary Hargens, The Journey Museum.

 

10.              No. PW121410-04 – Approve Resolution of Support for Calvin Coolidge Historical Marker/Plaque in the 600 Block of Columbus Street – Alderman Brown, Alderman Waugh, and Alderman Kooiker.

 

11.              No. PW121410-14 – Update on October 18, 2010, Resolution – Alderman Jordan Mason.

 

12.              No. PW121410-05 – Approve Change Order No. 1F to Layne Christensen Company for Well No. 10 Pump Replacement, Project No. W10-1889 / CIP No. 50831, for a decrease of $1,583.95. 

 

13.              No. PW121410-06 – Approve Change Order No. 1F to Mainline Contracting Inc. for Tomahawk Drive Sanitary Sewer Extension, Project No. SS10-1905 / CIP No. 50843, for a decrease of $7,241.55. 

 

14.              No. PW121410-07 – Approve Change Order No. 1F to RCS Construction for Robbinsdale – Oak Avenue, Oak Drive, and Oakland Street Reconstruction, Project No. ST09-1824 / CIP No. 50424, for a decrease of $38,536.20. 

 

15.              No. PW121410-08 – Approve Change Order No. 2 to Mainline Contracting Inc. for Robbinsdale – E. St. Francis Street, E. St. Anne Street, and Birch Avenue Reconstruction, Project No. ST09-1823 / CIP No. 50424, for a decrease of $32,630.55. 

 

16.              No. PW121410-13 – Approve Change Order No. 1 to Tru-Form Construction, Inc. for Eglin Street Extension, Project No. ST05-1470 / CIP No. 50560, for an increase of $13,026.69. 

 

17.              No. PW121410-09 – Authorize Staff to Advertise for Bids for Automated Containers for Solid Waste. Estimated cost:  $50,000.00.

 

18.              No. PW121410-10 – Authorize Staff to Advertise for Bids for Heights Drive Sanitary Sewer Main Extension, Project No. SS09-1831 / CIP No. 50777.  Estimated cost:  $883,000.00.

 

19.              No. PW121410-11 – Authorize Mayor and Finance Officer to Sign a Funding Agreement between the City of Rapid City and SD Department of Transportation, Urban Surface Transportation Program, for Letting and Construction of Mall Drive Reconstruction – Lowes Driveway to Lacrosse Street, State Project No. P 1608(04), PCN 01FP, City Project No. ST08-1753 / CIP No. 50646.

 

20.              No. PW121410-12 – Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with FMG, Inc. for the North Pinedale Reservoir for Good Samaritan Society Saint Martin's Village, Project No. W10-1890 / CIP No. 50832, in the amount of $108,775.00.

 

21.              No. 10VE014 - Autumn Hills Subdivision – Approve a request by Jon and Julie Lafleur for a Vacation of a portion of a Utility Easement for Lot 17 of Block 1 of Autumn Hills Subdivision located in the W1/2 NW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4801 Summerset Drive.

 

Legal & Finance Committee Consent Items

 

22.              No. LF121510-15 – Authorize Mayor and Finance Officer to sign Trademark License Agreement with City of Presidents Foundation.

 

23.              No. LF121510-18 – Confirm appointment of Monte Loos and James W. Olson to the Rapid City Public Library Board of Trustees with their terms to expire December 31, 2013.

 

24.              No. LF121510-19 – Confirm appointment of Christian Haugo and John Herr to the Rushmore Plaza Civic Center Board with their terms to expire January 1, 2014. 

 

25.              No. LF121510-20 – Confirm appointment of Tom Loomis, Marsha Hengen, and Evan Gallentine and the reappointment of John Brockelsby, Neal Larson, and Chuck Parkinson to The Journey Museum Board of Directors. 

 

26.              No. LF121510-21 – Confirm reappointment of Charles Tinant to the Parks and Recreation Advisory Board. 

 

27.              No. LF121510-23 – Confirm reappointment of Steve Malone to the Rapid City Board of Adjustment. 

 

28.              No. LF121510-24 – Confirm appointment of David Grundstrom and the reappointment of Jim Bickett and Scott Sogge to the Rapid City Residential Contractor Board. 

 

29.              No. LF121510-25 – Confirm appointment of Eric Christianson as the Planning Commission Representative to the Sign Code Board of Appeals, contingent upon his service on the Planning Commission, to fill the unexpired term of Gary Brown who was elected to the City Council, and confirm the reappointment of Jim Jackson, alternate, and Kyle Mattison Blada, alternate to the Sign Code Board of Appeals. 

 

30.              No. LF121510-26 – Confirm reappointment of Eric Farrar, Dennis Hettich, and Gene Hunter to the Rapid City Sign Contractor Board. 

 

31.              No. LF121510-27 – Confirm reappointment of Cathy Druckrey to the Rapid City Urban Forestry Board. 

 

32.              No. LF121510-28 – Confirm appointment of Heather C. Knox and the reappointment of Duane Baumgartner and L. Eric James to the Historic Preservation Commission. 

 

33.              No. LF121510-29 – Confirm reappointment of George Thompson and Steve Street and Appointment of Rick Clegg and Lee Seaman to the Mechanical Board. 

 

34.              No. LF121510-30 – Confirm appointment of David Hillard to the Opportunity Capture Fund Oversight Board. 

 

35.              No. LF121510-02A – Approve Amended Resolution Adopting a Five Year Plan for the Rapid City Economic Development and Civic Improvements Fund. 

 

36.              No. CC122010-04 – Acknowledge discussion of pay increases for Step 22 and above.

 

37.              No. LF121510-16 – Approve Event Permit for Alex Johnson Hotel for New Year's Eve Ball Drop.

 

38.              No. LF121510-17 – Approve Event Permit for Cardiac Services, Rapid City Regional Hospital for February Freeze 5K Fun Run/Walk. 

 

39.              No. 04TI009 – Approve Resolution No. 2010-166 to Dissolve Tax Increment Financing District No. 48 Located west of S. Valley Drive, south of SD Highway 44 and north of E. St. Charles Street and S. Valley Drive right-of-way. 

 

40.              No. LF121510-03 – Approve Request for Proposal for Historic Preservation Commission Design Guidelines. 

 

41.              Acknowledge the following volunteers for workmen's compensation purposes: Cody Wounded Shield, Dillon Beach, and Jane Kampfe.

 

42.              No. LF121510-05 – Approve renewal of insurance premium. 

 

43.              No. LF121510-06 – Approve Resolution Declaring Property Surplus.

 

44.              No. LF121510-08 – Authorize staff to advertise for bids for PR08-6017 Rapid City Greenway Trails and Pedestrian Facilities Project; estimated cost $2,312,278. 

 

45.              No. LF121510-11 – Acknowledge raffle request from Rapid City Downtown Association. 

 

46.              No. LF121510-12 – Acknowledge raffle request from the American Heart Association.

 

47.              No. LF121410-13 – Acknowledge raffle request from Western Dakota Tech Fire Science Club. 

 

Growth Management Department Consent Items

 

48.              No. 10PL062 – Acknowledge applicants withdrawal of request by D.C. Scott Co. Land Surveyors for Kelly Flannery for a Layout Plat for Lots 2 and 3 of Flannery Subdivision, legally described as a portion of Lot 1 of the SE1/4 SE1/4, Section 29, T1N, R7E, BHM, Pennington County, South Dakota, located south side of Sheridan Lake Road between Dunsmore Road and Croyle Avenue.

 

END OF CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 49 - 53

 

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

 

Continue the following items until January 3, 2011:

 

49.              No. 10PL063 - A request by Davis Engineering, Inc. for Bill Peterson and Don Jiracek for a Preliminary Plat for Lots A and B of Block 76 of Mahoney Addition, legally described as Block 76 less the north 8.5 feet of Block 76 of Mahoney Addition located in the SW1/4 of the SE1/4 of Section 25, T2N, R7E BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Wood Avenue and Doolittle Street.

 

50.              No. 10PL087 - A request by Fisk Land Surveying & Consulting Engineers for Joseph Hecker for a Layout Plat for proposed Lots 19R and 22RA of Una Del Acres No. 2, legally described as Lots 19 and 22R of Una Del Acres No. 2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6030 Una Del Acres.

 

Continue the following items until January 18, 2011:

 

51.              No. 10PL028 - A request by Dream Design International, Inc. for a Preliminary Plat for Lots A and B of White Eagle Ranch, 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.

 

52.              No. 10PL061 - A request by Dream Design International, Inc. for a Preliminary Plat for Lots 1 and 2 of Block 1 of Gateway Business Park Subdivision, legally described as a portion of the NW1/4 of the SE1/4 and a portion of Lot E of the S1/2 of the SE1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located between East Mall Drive and Interstate 90 at the southern terminus of Dakota Craft Drive.

 

53.              No. 10PL075 - A request by Dream Design International for a Preliminary Plat for proposed Lot 1R and Lot 2 of Heavlin No. 2 Addition, legally described as Lot 1 of Heavlin No. 2 Addition, portion of SE1/4 of the SE1/4 of the SE1/4 of Section 19 and the E1/2 of the NE1/4 of the NE1/4 of Section 30, T1N, R9E, BHM, Pennington County, South Dakota, located at 23299 South Airport Road.

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 54 - 68

 

Public Comment opened – Items 54 - 68

Public Comment closed

 

Ordinances

 

54.              No. LF060210-22 – First Reading, Ordinance No. 5612, (10OA004) Repealing Chapter 15.48 of the Rapid City Municipal Code Relating to Mobile Homes and Mobile Home Parks and Adopting a New Revised Chapter 15.48 of the Rapid City Municipal Code as amended. 

 

55.              No. LF060210-23 – First Reading, Ordinance No. 5613, (10OA004) Repealing Section 17.50.110 of the Rapid City Municipal Code Relating to Supplementary Regulations Applicable to Mobile Home Parks and Adopting a New Revised Section 17.50.110 of the Rapid City Municipal Code.

 

56.              No. LF120110-05 – Second Reading, Ordinance No. 5701, Amending Title 15, Chapter 15.24 of the Rapid City Municipal Code by Adopting the 2009 Uniform Plumbing Code and Adding Amendments Thereto.

 

57.              No. LF121510-04 – First Reading, Ordinance No. 5705, Regarding Supplemental Appropriation #2 for 2011.

 

Growth Management Department Items

 

58.              No. 10PL033 - A request by Sperlich Consulting, Inc. for Daene Boomsma for a Preliminary Plat on Lots 27R and 29R of Block 25 of North Rapid Addition, legally described as Lots 27, 28 and 29 of Block 25 of North Rapid Addition, located in the E1/2 of the SW1/4 of the NE1/4, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 724 Lemmon Avenue.

 

59.              No. 10PL088 - A request by Centerline for Lazy P-6 Land Co., Inc. for a Preliminary Plat for proposed Lot 3 of North 80 Subdivision and dedicated public right-of-way, all located in Section 19, T1N, R8E, legally described as unplatted Government Lot 1 less Gemstone Subdivision, less Lot H-1 and less right-of-way; Government Lot 2 less North 80 Subdivision, less Lot H2 and less right-of-way, all located in Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of 5th Street at the current eastern terminus of East Stumer Road.

 

Legal & Finance Committee Items

 

60.              No. LF121510-01 – Deny request by soccer group to release 2012 funds for well and construction documents at soccer complex. 

 

61.              Request from Pennington County for transfer of property. 

 

62.              No. LF121510-22 – Confirm appointment of Nick Davis to complete the unexpired term of Vincent Della Morte, Jr. and the reappointment of Duane Baumgartner, Steve Doshier, Jacqueline Allen, and Melanie Jeppesen to the Beautification Committee. 

 

Public Works Committee Items

 

63.              No. PW121410-02 – Presentation on Code Enforcement Structure – Dale Schumacher. 

 

Bids

 

64.              No. CC122010-02.1 – 2010 ADA Compliance Project, Project No. ADA10-1827 / CIP No. 50761 (Opened on December 14, 2010)

 

65.              No. CC122010-02.2 – Corral Drive and Sheridan Lake Road Water Main, Project No. W10/1882 / CIP No. 50816 (Opened on December 14, 2010)

 

Mayor's Items

 

Council Items & Liaison Reports

 

66.              Ad Hoc Sign Code Revision Task Force Update - Alderman Costello and Alderman Mason

 

67.              Update on Big Sky Subdivision Temporary Fixes – Alderman Kooiker

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

68.              No. CC122010-05 - Recommendation on the feasibility of placing both the leisure pool and 50 meter tank pool at the Horace Mann site.

 

Appeals

DARB

 

License application appeals

 

Sign Code Appeals

 

Other Appeals Heard by the Council

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 69 - 95

 

Open Public Hearing (comment) -- Items 69 - 95

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 69 - 71

 

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

 

Continue the following items until January 3, 2011:

 

69.              No. 10SV024 - A request by Fisk Land Surveying & Consulting Engineers for Joseph Hecker for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and additional pavement as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 19R and 22RA of Una Del Acres No. 2, legally described as Lots 19 and 22R of Una Del Acres No. 2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6030 Una Del Acres.

 

Continue the following items until January 18, 2011:

 

70.              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 for Lots A and B of White Eagle Ranch, 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 14870 East Highway 44.

 

71.              No. 10SV022 - A request by Dream Design International for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lot 1R and Lot 2 of Heavlin No. 2 Addition, legally described as Lot 1 of Heavlin No. 2 Addition, portion of SE1/4 of the SE1/4 of the SE1/4 of Section 19 and the E1/2 of the NE1/4 of the NE1/4 of Section 30, T1N, R9E, BHM, Pennington County, South Dakota, located at 23299 South Airport Road.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 69 - 95

 

CONSENT PUBLIC HEARING ITEMS – Item 72 - 88

 

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

 

Growth Management Items

 

72.              No. 10CA045 – Approve a request by City of Rapid City for a Comprehensive Plan Amendment to change the land use designation from Low Density Residential to Mobile Home Residential for a portion of the SW1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northwest corner of Lot 1 of Orchard Subdivision, Thence S82°0'00”E, a distance of 173.5 feet, to the Point of Beginning; Thence S0°36'23”E, a distance of 37.728 feet; Thence S0°36'23”E, a distance of 29.22 feet; Thence S0°36'22”E, a distance of 76.989 feet; Thence S0°36'23”E, a distance of 273.789 feet; Thence S0°35'19”E, a distance of 15.739 feet; Thence N43°26'53”W, a distance of 33.391 feet; Thence N47°15'42”W, a distance of 14.018 feet; Thence N47°15'42”W, a distance of 22.12 feet; Thence N59°40'48”W, a distance of 74.816 feet; Thence N86°11'52”W, a distance of 47.373 feet; Thence N89°32'8”W, a distance of 12.218 feet; Thence N0°25'32”W, a distance of 199.56 feet; Thence N0°27'20”W, a distance of 168.265 feet; Thence N0°27'19”W, a distance of 15.62 feet; Thence N0°10'1”W, a distance of 15.104 feet; Thence S82°1'27”E, a distance of 173.132 feet; Thence S0°58'15”E, a distance of 23.395 feet; Thence S0°58'10”E, a distance of 7.456 feet, to the Point of Beginning, located at 2919, 2925 and 2931 Orchard Lane.

 

73.              No. 10CA046 – Approve a request by Dream Design International, Inc. for a Comprehensive Plan Amendment to change the land use designation from General Commercial with a Planned Commercial Development to Light Industrial with a Planned Industrial Development for a portion of the SW1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the northeasterly corner of Lot 3 of GLM Subdivision No. 2, common to a point on the east-west section 1/4 line of Section 28, T2N, R8E, and the point of beginning; Thence, first course: S89°56'27”E, along the said east-west section 1/4 line a distance 204.58 feet, to the center-west 16th corner of said section 28; Thence, second course: S89°58'22”E, along the said east-west section 1/4 line a distance 1326.23 feet, to the center 1/4 corner of said section 28, common to the northwesterly corner of Lot 1 of Mall Drive Subdivision; Thence, third course: S00°01'24”E, along the westerly boundary of said Lot 1, common to the north-south section 1/4 line, a distance of 396.01 feet, to the southwesterly corner of said Lot 1, common to a point on the northerly edge of East Mall Drive right-of-way; Thence, fourth course: S89°53'19”W, along the northerly edge of said East Mall Drive right-of-way, a distance of 1530.15 feet, to the southeasterly corner of said Lot 3; Thence, fifth course: N00°07'04”W, along the easterly boundary of said Lot 3, a distance of 399.88 feet, to northeasterly corner of said Lot 3, common to a point on the east-west section 1/4 line, and the point of beginning, and, a portion of the SW1/4 of Section 28, and Lot 3 of Starlite Subdivision, Section 28, T2N, R8E, BHM Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at intersection of the southerly edge of East Mall Drive right-of-way, and the easterly edge of Dyess Avenue right-of-way, and the point of beginning; Thence, first course: S89°58'23”E, along the southerly edge of said East Mall Drive right-of-way, a distance of 1017.22 feet; Thence, second course: N89°51'21”E, along the southerly edge of said East Mall Drive right-of-way, a distance of 30.10 feet; Thence, third course: S00°00'00”E, a distance of 463.07 feet; Thence, fourth course: S46°19'30”E, a distance of 112.25 feet; Thence, fifth course: S00°00'00”E, a distance of 376.79 feet, to a point on the northerly edge of Interstate 90 right-of-way; Thence, sixth course: N89°50'04”W, along the northerly edge of said Interstate 90 right-of-way, a distance of 261.04 feet, to the southeasterly corner of Lot 3 of Starlite Subdivision; Thence, seventh course: N89°44'25”W, along the northerly edge of said Interstate 90 right-of-way, common to the southerly boundary of said Lot 3, a distance of 300.04 feet; Thence, eighth course: N67°13'25”W, along the northerly edge of said Interstate 90 right-of-way, common to the southerly boundary of said Lot 3, a distance of 279.40 feet, to the northwesterly corner of said Lot 3; Thence, ninth course: N67°13'25”W, along the northerly edge of said Interstate 90 right-of-way, a distance of 278.24 feet, to the easterly edge of said Dyess Avenue right-of-way; Thence, tenth course: N08°55'12”W, along the easterly edge of said Dyess Avenue right-of-way, a distance of 342.56 feet; Thence, eleventh course: N00°01'28”W, along the easterly edge of said Dyess Avenue right-of-way, a distance of 361.37 feet, to the intersection of the southerly edge of said East Mall Drive right-of-way, and the easterly edge of said Dyess Avenue right-of-way, and the point of beginning, located northeast of the intersection of Dyess Avenue and Interstate 90 north and south of East Mall Drive.

 

Alcohol Licenses

 

74.              Jian Ying Liang DBA Hunan Restaurant, 1720 Mt Rushmore Road for Retail (on-off sale) Wine

 

75.              Jian Ying Liang DBA Hunan Restaurant, 1720 Mt Rushmore Road for Retail (on-off sale) Malt Beverage Transfer from Hao Wang/Northstar Inc DBA Hunan Restaurant, 1720 Mt Rushmore Road

 

76.              Central Baseball Association DBA 109th Engineering Group Armory, Range Road for a Special Event Malt Beverage for an event scheduled March 12, 2011 at Range Road Armory

 

77.              Colt 45 Entertainment, LLC DBA Divas-n-Rockstars Karaoke Night Club, 640 E St Patrick Street for a Retail (on-off sale) Wine

 

78.              Colt 45 Entertainment, LLC DBA Divas-n-Rockstars Karaoke Night Club, 640 E St Patrick Street for a Retail (on-off sale) Malt Beverage

 

79.              Wal-Mart Stores, Inc. DBA Walmart #1604, 1200 N LaCrosse Street for a Package (off-sale) Liquor

 

80.              Metanoia LLC DBA Fresh Start-Rapid Valley #21, 3887 East Highway 44 (Lot 2 of Lot M, Burson Subdivision) for Package (off-sale) Liquor for FY 2011 Transfer from Metanoia, LLC DBA Rapid Valley Car Wash/Liquor Store, 3800 East Highway 44 (Lot 1B of Lot M, Burson Subdivision)

 

Retail (on-sale) Liquor License Renewals for 2011

 

81.              ERJ Dining IV LLCC DBA Chili's Grill & Bar, 2125 N Haines Ave for Retail (on-sale) Liquor

 

82.              Dealer Exchange Inc DBA Kaktus Kim's, Rushmore Mall Space 478 for Retail (on-sale) Liquor

 

83.              First National Bank Rapid City DBA Murphy's Bar, 510 9th Street for Retail (on-sale) Liquor

 

Package (off-sale) Liquor License Renewals for 2011

 

84.              Gentner & Salter LLC DBA The Wine Rack, 5734 Sheridan Lake Rd 202 for Package (off-sale) Liquor

 

Retail (on-off sale) Wine License Renewals for 2011

 

85.              Walgreen Co. DBA Walgreens #05643, 540 Mountain View Road for Retail (on-off sale) Wine

 

86.              Walgreen Co. DBA Walgreens #10656, 1902 Mount Rushmore Road for Retail (on-off sale) Wine

 

87.              Yichang Su DBA Pacific Café, 1204 E North Street for Retail (on-off sale) Wine

 

Assessment Rolls

 

88.              No. LF121510-07 – Approve Resolution No. 2010-172A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property. 

 

88a.            No. CC122010-06 – Approve Resolution No. 2010-153B Resolution Levying Assessment for Cleanup of Miscellaneous Property. 

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 89 - 95

 

89.              No. 10RZ055 - Second Reading, Ordinance 5702, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Commercial District Lot 2 of Lot M of Burson Subdivision, located in the E1/2 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3887 E. Highway 44.

 

90.              No. 10RZ056 - Second Reading, Ordinance 5703, 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 for a portion of the SW1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northwest corner of Lot 1 of Orchard Subdivision, Thence S82°0'00”E, a distance of 173.5 feet, to the Point of Beginning; Thence S0°36'23”E, a distance of 37.728 feet; Thence S0°36'23”E, a distance of 29.22 feet; Thence S0°36'22”E, a distance of 76.989 feet; Thence S0°36'23”E, a distance of 273.789 feet; Thence S0°35'19”E, a distance of 15.739 feet; Thence N43°26'53”W, a distance of 33.391 feet; Thence N47°15'42”W, a distance of 14.018 feet; Thence N47°15'42”W, a distance of 22.12 feet; Thence N59°40'48”W, a distance of 74.816 feet; Thence N86°11'52”W, a distance of 47.373 feet; Thence N89°32'8”W, a distance of 12.218 feet; Thence N0°25'32”W, a distance of 199.56 feet; Thence N0°27'20”W, a distance of 168.265 feet; Thence N0°27'19”W, a distance of 15.62 feet; Thence N0°10'1”W, a distance of 15.104 feet; Thence S82°1'27”E, a distance of 173.132 feet; Thence S0°58'15”E, a distance of 23.395 feet; Thence S0°58'10”E, a distance of 7.456 feet, to the Point of Beginning, located at 2919, 2925 and 2931 Orchard Lane.

 

91.              No. 10RZ057 - Second Reading, Ordinance 5704, 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 Commercial District to Light Industrial District for a portion of the SW1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the northeasterly corner of Lot 3 of GLM Subdivision No. 2, common to a point on the east-west section 1/4 line of Section 28, T2N, R8E, and the point of beginning; Thence, first course: S89°56'27”E, along the said east-west section 1/4 line a distance 204.58 feet, to the center-west 16th corner of said section 28; Thence, second course: S89°58'22”E, along the said east-west section 1/4 line a distance 1326.23 feet, to the center 1/4 corner of said section 28, common to the northwesterly corner of Lot 1 of Mall Drive Subdivision; Thence, third course: S00°01'24”E, along the westerly boundary of said Lot 1, common to the north-south section 1/4 line, a distance of 396.01 feet, to the southwesterly corner of said Lot 1, common to a point on the northerly edge of East Mall Drive right-of-way; Thence, fourth course: S89°53'19”W, along the northerly edge of said East Mall Drive right-of-way, a distance of 1530.15 feet, to the southeasterly corner of said Lot 3; Thence, fifth course: N00°07'04”W, along the easterly boundary of said Lot 3, a distance of 399.88 feet, to northeasterly corner of said Lot 3, common to a point on the east-west section 1/4 line, and the point of beginning, and, a portion of the SW1/4 of Section 28, and Lot 3 of Starlite Subdivision, Section 28, T2N, R8E, BHM Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at intersection of the southerly edge of East Mall Drive right-of-way, and the easterly edge of Dyess Avenue right-of-way, and the point of beginning; Thence, first course: S89°58'23”E, along the southerly edge of said East Mall Drive right-of-way, a distance of 1017.22 feet; Thence, second course: N89°51'21”E, along the southerly edge of said East Mall Drive right-of-way, a distance of 30.10 feet; Thence, third course: S00°00'00”E, a distance of 463.07 feet; Thence, fourth course: S46°19'30”E, a distance of 112.25 feet; Thence, fifth course: S00°00'00”E, a distance of 376.79 feet, to a point on the northerly edge of Interstate 90 right-of-way; Thence, sixth course: N89°50'04”W, along the northerly edge of said Interstate 90 right-of-way, a distance of 261.04 feet, to the southeasterly corner of Lot 3 of Starlite Subdivision; Thence, seventh course: N89°44'25”W, along the northerly edge of said Interstate 90 right-of-way, common to the southerly boundary of said Lot 3, a distance of 300.04 feet; Thence, eighth course: N67°13'25”W, along the northerly edge of said Interstate 90 right-of-way, common to the southerly boundary of said Lot 3, a distance of 279.40 feet, to the northwesterly corner of said Lot 3; Thence, ninth course: N67°13'25”W, along the northerly edge of said Interstate 90 right-of-way, a distance of 278.24 feet, to the easterly edge of said Dyess Avenue right-of-way; Thence, tenth course: N08°55'12”W, along the easterly edge of said Dyess Avenue right-of-way, a distance of 342.56 feet; Thence, eleventh course: N00°01'28”W, along the easterly edge of said Dyess Avenue right-of-way, a distance of 361.37 feet, to the intersection of the southerly edge of said East Mall Drive right-of-way, and the easterly edge of said Dyess Avenue right-of-way, and the point of beginning, located northeast of the intersection of Dyess Avenue and Interstate 90 north and south of East Mall Drive.

 

92.              Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of pavement, curb, gutter, sidewalk, street light conduit, water and sewer along Sun Ridge Road and the section line highway as they abut the property has been submitted in conjuction with a Layout Plat to create one lot.  A stipulation of approval of the Variance to the Subdivision Regulations requires that the applicant sign a waiver of right to protest any future assessement for the installation of the improve as they abut That portion of the SE1/4 SE1/4 SE1/4 of Section 25, T2N, R6E, lying South and West of Lot H-1 of said SE1/4 SE1/4 SE1/4, BHM, Pennington County, South Dakota, located along the south side of Sun Ridge Road west of the intersection of Sun Ridge Road and Aztec Drive (10SV021)

 

93.              No. 10SV021 - A request by Fisk Land Surveying & Consulting Engineers for James Steele for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along Sun Ridge Road and the Section Line Highway and to waive the requirement to dedicate right-of-way along the Section Line Highway per Chapter 16 of the Rapid City Municipal Code for Lot 1 of S and S Subdivision, legally described as that portion of the SE1/4 SE1/4 SE1/4 of Section 25, T2N, R6E, lying South and West of Lot H-1 of said SE1/4 SE1/4 SE1/4, BHM, Pennington County, South Dakota, located along the south side of Sun Ridge Road west of the intersection of Sun Ridge Road and Aztec Drive.

 

94.              Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sewer along a portion of Shelby Avenue as they abut Unplatted Government Lot 1 less Gemstone Subdivision, less Lot H-1 and less right-of-way; Government Lot 2 less North 80 Subdivision, less Lot H2 and less right-of-way, all located in Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at east of 5th Street at the current eastern terminus of East Stumer Road. (10SV025)

 

95.              No. 10SV025 - A request by Centerline for Lazy P-6 Land Co., Inc. for a Variance to the Subdivision Regulations to waive the requirement to install sewer along a portion of Shelby Avenue as per Chapter 16.16 of the Rapid City Muncipal Code for proposed Lot 3 of North 80 Subdivision and dedicated public right-of-way, all located in Section 19, T1N, R8E, legally described as unplatted Government Lot 1 less Gemstone Subdivision, less Lot H-1 and less right-of-way; Government Lot 2 less North 80 Subdivision, less Lot H2 and less right-of-way, all located in Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of 5th Street at the current eastern terminus of East Stumer Road.

 

BILLS

 

96.              No. CC122010-01 – Bill List for December 20, 2010.

 

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

 

STAFF DIRECTION

 

97.              Action on AFSCME Collective Bargaining Agreement

 

ADJOURN