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City Council Policies and Procedures

 

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

7:00 P.M., January 18, 2011

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for the December 28, 2010 and December 29, 2010 Special Council meetings and the January 3, 2011 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 - 66

 

Public Comment opened – Items 3 - 55

Public Comment closed

 

CONSENT ITEMS – Items 3 - 49

 

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 (February 7, 2011)

 

3.                  Dakotah Steakhouse, LLC DBA Dakotah Steakhouse, 1325 N Elk Vale Road for Retail (on-sale) Liquor TRANSFER from Dealer Exchange Inc., DBA Kaktus Kim's, Rushmore Mall Space 478

 

4.                  Sam's West, Inc. DBA Sam's Club #6565, 925 Eglin Street for Package (off-sale) Liquor TRANSFER from Sam's West, Inc. DBA Sam's Club #6565, 1020 LaCrosse Street

 

5.                  Rapid City Area Chamber of Commerce DBA Rapid City Area Chamber of Commerce for a Special Event Wine and Malt Beverage License for an Event Scheduled for March 8, 2011, 8 Knollwood Drive

 

6.                  Rapid City Area Chamber of Commerce DBA Rapid City Area Chamber of Commerce for a Special Event Wine and Malt Beverage License for an Event Scheduled for April 12, 2011, 4300 Cheyenne Boulevard

 

7.                  Rapid City Area Chamber of Commerce DBA Rapid City Area Chamber of Commerce for a Special Event Wine and Malt Beverage License for an Event Scheduled for May 10, 2011, 3250 E Highway 44

 

Public Works Committee Consent Items

 

8.                  No. PW122810-02 – Acknowledge update on Big Sky Subdivision Temporary Fixes Report

 

9.                  No. PW011111-13 – Acknowledge Parking Notification Report

 

10.              No. PW011111-14 – Acknowledge Rainbow Ridge Drainage Report

 

11.              No. PW011111-15 – Acknowledge Fraud and Waste Hotline Implementation Report

 

12.              No. PW011111-01 – Approve Change Order No. 1F to Stanley J. Johnsen Concrete Contractor, Inc. for PCC-West Chicago Street & Wapiti Court Pavement Repair, Project No. ST10-1900 / CIP No. 50445, for a decrease of $4,293.36.

 

13.              No. PW011111-02 – Request Mayor to Authorize Staff to Advertise for Bids for 2011 Street Rehabilitation Project #1 – Sheridan Lake Road, Project No. ST11-1910 / CIP No. 50844.  Estimated cost:  $110,000.00.

 

14.              No. PW011111-03 – Request Mayor to Authorize Staff to Advertise for Bids for 2011 Street Rehabilitation Project #2 – Lakota Homes, Project No. ST11-1911 / CIP No. 50549. Estimated cost:  $345,000.00.

 

15.              No. PW011111-04 – Request Mayor to Authorize Staff to Advertise for Bids for Canyon Lake Drive Reconstruction, Project No. WTP10-878 / CIP No. 50004. Estimated cost: $9,720,000.00.

 

16.              No. PW011111-05 – Authorize Mayor and Finance Officer to Sign the 2011 Operating Fund Agreement Between the City of Rapid City and the State of South Dakota, Department of Transportation, Section 5307 Urban Public Transportation Agreement, for an amount up to $28,425.00.

 

17.              No. PW011111-06 – Authorize lowering the percentage of work that the General Contractor must perform from 50% to 35% for the Canyon Lake Drive Reconstruction, Project No. WTP10-878 / CIP No. 50004.

 

18.              No. PW011111-07 – Authorize raising the amount of liquidated damages per working day for a contract amount of $2,000,000.00 and up from $1,300.00 to $2,500.00 for the Canyon Lake Drive Reconstruction, Project No. WTP10-878 / CIP No. 50004.

 

19.              No. PW011111-08 – Approve Construction Fee Resolution #2011-001 for Tomahawk Drive Sanitary Sewer Extension, Project No. SS10-1905. 

 

20.              No. PW011111-09 – Approve Construction Fee Resolution #2011-002 for Easy Street Sanitary Sewer Extension, Project No. SS09-1829.

 

21.              No. 10RZ051-A – Request Mayor to direct staff to research funding sources for the City to purchase the property described as: Lot A, Watco Subdivision, located in Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, and 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 southeast corner of Lot 5 of Melody Acres Subdivision, Thence N00°00'43”E, a distance of 57.45 feet, Thence N89°49'47”E, a distance of 267.39 feet, to the Point of Beginning; Thence N27°19'59”W, a distance of 41.2 feet; Thence N48°37'18”W, a distance of 52.63 feet; Thence N45°34'10”W, a distance of 46.47 feet; Thence N50°3'48”W, a distance of 45.39 feet; Thence N50°3'48”W, a distance of 8.88 feet; Thence N57°6'52”W, a distance of 32.34 feet; Thence N49°19'19”W, a distance of 48.49 feet; Thence N49°19'19”W, a distance of 28.29 feet; Thence N46°0'51”W, a distance of 37.48 feet; Thence N50°3'44”W, a distance of 67.83 feet; Thence N56°26'49”W, a distance of 47.61 feet; Thence N70°17'17”W, a distance of 60.3 feet; Thence N77°50'13”W, a distance of 32.62 feet; Thence N77°50'13”W, a distance of 23.48 feet; Thence N71°11'49”W, a distance of 18.64 feet; Thence N71°11'49”W, a distance of 23.58 feet; Thence N67°41'4”W, a distance of 16.94 feet; Thence N67°41'4”W, a distance of 3.95 feet; Thence N67°41'4”W, a distance of 8.62 feet; Thence N47°5'21”W, a distance of 1.68 feet; Thence N0°2'51”E, a distance of 21.56 feet; Thence N0°3'8”E, a distance of 145.14 feet; Thence N0°3'6”E, a distance of 29.28 feet; Thence N0°3'5”E, a distance of 116.19 feet; Thence N0°3'5”E, a distance of 116.19 feet; Thence N0°3'25”E, a distance of 14.64 feet; Thence N0°3'0”E, a distance of 14.64 feet; Thence N0°3'3”E, a distance of 80.62 feet; Thence N0°3'9”E, a distance of 31.86 feet; Thence N0°3'7”E, a distance of 35.27 feet; Thence N0°3'7”E, a distance of 140.31 feet; Thence N82°40'40”E, a distance of 8.50 feet; Thence S84°19'25”E, a distance of 119.91 feet; Thence S87°35'57”E, a distance of 117.28 feet; Thence S83°0'42”E, a distance of 92.43 feet; Thence S82°22'58”E, a distance of 62.46 feet; Thence S88°43'21”E, a distance of 48.28 feet; Thence S83°8'37”E, a distance of 84.02 feet; Thence S47°5'22”E, a distance of 61.15 feet; Thence S24°4'7”E, a distance of 106.77 feet; Thence S17°9'25”E, a distance of 32.12 feet; Thence S38°30'23”E, a distance of 37.57 feet; Thence S54°1'34”E, a distance of 36.35 feet; Thence S63°42'22”E, a distance of 38.06 feet; Thence S63°56'50”E, a distance of 32.92 feet; Thence S65°5'37”E, a distance of 40.16 feet; Thence S54°20'28”E, a distance of 52.93 feet; Thence S49°26'2”E, a distance of 65.36 feet; Thence S53°30'18”E, a distance of 47.84 feet; Thence S58°48'44”E, a distance of 48.06 feet; Thence S56°4'38”E, a distance of 46.65 feet; Thence S85°21'20”E, a distance of 42.93 feet; Thence S88°43'21”E, a distance of 57.98 feet; Thence S85°23'5”E, a distance of 47.88 feet; Thence S58°52'1”E, a distance of 75.61 feet; Thence S46°26'55”E, a distance of 36.52 feet; Thence S42°40'43”E, a distance of 33.73 feet; Thence S0°12'24”W, a distance of 17.84 feet; Thence S0°12'23”W, a distance of 60.05 feet; Thence S0°12'38”W, a distance of 25.62 feet; Thence S58°52'29”E, a distance of 207.57 feet; Thence S5°53'23”W, a distance of 36.85 feet; Thence S2°6'23”W, a distance of 49.77 feet; Thence S1°8'34”E, a distance of 25.00 feet; Thence S8°36'26”E, a distance of 15.05 feet; Thence S23°30'13”E, a distance of 15.24 feet; Thence S35°46'21”E, a distance of 15.13 feet; Thence S29°40'59”E, a distance of 15.45 feet; Thence S24°6'17”E, a distance of 18.63 feet; Thence S7°52'58”W, a distance of 63.88 feet; Thence S41°17'38”W, a distance of 11.02 feet; Thence S47°40'17”W, a distance of 15.05 feet; Thence S62°30'50”W, a distance of 14.89 feet; Thence S79°20'42”W, a distance of 10.07 feet; Thence N87°3'3”W, a distance of 15.13 feet; Thence S86°4'35”W, a distance of 20.08 feet; Thence S78°4'2”W, a distance of 14.72 feet; Thence S62°15'47”W, a distance of 43.81 feet; Thence S88°42'40”W, a distance of 47.53 feet; Thence S88°42'34”W, a distance of 8.37 feet; Thence S88°45'2”W, a distance of 11.74 feet; Thence S89°1'36”W, a distance of 0.03 feet; Thence S0°12'34”W, a distance of 20.88 feet; Thence S0°3'36”E, a distance of 471.22 feet; Thence S0°10'41”W, a distance of 30.95 feet; Thence N62°50'7”W, a distance of 265.43 feet; Thence N61°50'6”W, a distance of 22.72 feet; Thence N62°45'12”W, a distance of 166.15 feet; Thence N62°45'27”W, a distance of 41.57 feet; Thence N22°6'51”W, a distance of 44.54 feet; Thence N23°14'16”W, a distance of 87.70 feet; Thence N34°1'57”W, a distance of 7.61 feet; Thence N34°2'17”W, a distance of 72.57 feet; Thence N34°2'23”W, a distance of 29.20 feet; Thence N34°2'16”W, a distance of 64.17 feet; Thence S89°49'40”W, a distance of 147.14 feet, to the Point of Beginning, located west of Elk Vale Road, east of South Valley Drive between Orchard Lane and Scott Street

 

22.              No. 10TP033 – Approve 2011-2015 Transportation Improvement Program Amendment #11-001R (Add the Fairgrounds Bike Path from La Crosse Street to Cherry Avenue in 2011).

 

23.              No. 10FV017 – Blakes Addition – Approve a request by Pennington County Housing & Redevelopment Commission for a Fence Height Exception to allow a 6 foot fence in lieu of a 4 foot fence in the 25 foot front yard setback for Lot A of Blakes Addition located in the SW1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 101 and 115 La Crosse Street.

 

24.              No. PW011111-10 – Authorize the Mayor and Finance Officer to Sign SDDOT Utilities Certificate for Project Number EM 8052(5) PCN 010E (Rapid City Greenway Trails and Pedestrian Facilities Project). 

 

25.              No. PW011111-11 – Authorize the Mayor and Finance Officer to sign SDDOT Right-of-Way Certificate for Project Number EM 8052(5) PCN 010E (Rapid City Greenway Trails and Pedestrian Facilities Project). 

 

Legal & Finance Committee Consent Items

 

26.              No. LF011211-20 – Request Mayor to direct staff to prepare amendment to Section 17.54.040 of the Rapid City Municipal Code relating to application requirements for proposed amendments to zoning and to submit the ordinance amendments to the Planning Commission.

 

27.              No. LF011211-01 – Approve Resolution No. 2011-007 Recognizing 41st Annual Rapid City Clean Up Day on Saturday, April 30, 2011.

 

28.              No. LF011211-18 – Confirm appointment of Stephen Bareis to replace Kale McNaboe as the registered professional engineer representative on the Rapid City Trenching Board and the reappointment of Stephen Swanson, licensed contract, to the Rapid City Trenching Board.

 

29.              No. LF011211-19 – Confirm appointment of Scott Eccarius to the Urban Forestry Board for a term to expire December 31, 2013.

 

30.              No. LF011211-21 – Confirm appointment of Eirik Heikes to the Urban Forestry Board for a term to expire December 31, 2013. 

 

31.              No. LF011211-22 – Confirm appointment of Brian Gosch and Shelly Shock to the Mayor's Committee for People with Disabilities for terms to expire December 31, 2012.

 

32.              No. LF011211-02 – Approve Resolution No. 2011-004 Supporting the Placement of A Historic Marker/Plaque Honoring Calvin Coolidge's Announcement that He Would Not Seek Another Term as President.

 

33.              No. LF011211-03 – Approve Event Permit for Dublin Dash to be held on March 19, 2011.

 

34.              No. LF011211-04 – Approve Event Permit for Central States Fair Parade to be held on January 27, 2011.

 

35.              No. 11TP001 – Request Mayor to direct staff to apply for Transportation Enhancement Grant for Mount Rushmore Road Beautification.

 

36.              No. 11TP002 – Authorize Mayor and Finance Officer to sign Contract Amendment with Felsburg Holt & Ullevig for the Piedmont Elementary School Traffic Impact Study. 

 

37.              No. 10TI004 - Elk Vale Road/Homestead – Approve a request by City of Rapid City to consider an application for a Second Revised Project Plan for Tax Increment District No. 42 - Elk Vale Water for the NE1/4NE1/4 less ROW, GL2, SW1/4NE1/4, N1/2GL3, GL 4 less ROW, E1/2SW1/4NW1/4, S1/2GL3 less Big Sky Subdivision, SE1/4NW1/4 less Big Sky Subdivision, W1/2SW1/4NW1/4 including private Drive and less ROW, all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract A, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 2 and Lot 8 including ROW, Block 13, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 2, 3, 4, and 5 including ROW, Block 14, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, NE1/4SE1/4, NW1/4SE1/4, SW1/4SE1/4, SE1/4NW1/4, SW1/4NW1/4 less ROW, N1/2SW1/4 less ROW, S1/2SW1/4 less Lot 1 of Neff Subdivision #3 less ROW, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1, Neff Subdivision #3, Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in SW1/4NW1/4, Lot H2 in SW1/4NW1/4, Lot H1 in W1/2SW1/4, Lot H2 in N1/2W1/2SW1/4, and Lot H3 in S1/2SW1/4, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in N1/2 of Government Lot 4, Lot H3 in S1/2 of Government Lot 4, Lot H2 in W1/2SW1/4NW1/4, Lot H1 in NW1/4NW1/4, and Lot H1 in SW1/4NW1/4, all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in E1/2NE1/4, Lot H2 in E1/2NE1/4, Lot H2 in E1/2SE1/4, and Lot H1 in SE1/4, all located in Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in NE1/4, and Lot H2 in Government Lot 1 and the SE1/4NE1/4, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road right-of-way between SE1/4NE1/4, Section 33, and SW1/4NW1/4, Section 34, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road right-of-way between SE1/4, Section 33 and SW1/4, Section 34, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road between NE1/4 of Section 4 and NW1/4 of Section 3, all in T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Homestead Drive and Degeest Street rights-of-way, located in the NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Elk Vale Road and north of Twilight Drive.

 

38.              Acknowledge the following volunteers for workmen's compensation purposes:  Umayra Bahromova, Cheryl Walther.

 

39.              No. LF011211-06 – Approve Resolution No. 2011-003 Establishing Encumbrances.

 

40.              No. LF011211-08 – Approve Resolution No. 2011-006 Establishing Change Fund for Restaurant at Meadowbrook Golf Course.

 

41.              No. LF011211-09 – Approve property tax abatements as follows: BE Development Company, 2010, $1,496.30; David L. Brown, 2010, $104.76; Buntrock-Graziano, 2010, $179.34; Margaret P Casey, 2010, $977.08; Anthony E Crawford, 2010, $1,639.94; Kenneth J Gayton, 2010, $548.20; Yvonne Hagan, 2010, $248.26; James D Kinney, 2010, $20.66; Roman Kurylas, 2010 $2,094.82; Lutheran Social Services, 2010, $486.82; Michael R Mack/Calhoun-Mack, 2010, $1,688.30; Lorraine R Munoz, 2010, $172.90; O'Brien Construction, 2010, $9.98; Lisle E Owens Family Trust, 2010, $5,893.40; Leaun Peterson, 2010, $1,306.78; Phillips Re Holdin, 2010, $3,192.10; Tammie Suzette Pryor, 2010, $120.28; Rapid City Economic, 2010, $2,679.32; Mark E Sharnowski/Dillman, 2010, $297.44; Matthew T Stephens, 2010, $2,212.50; Caroline Stroppel, 2010, $1,003.32; Lazy P6 Land Company, 2010, $1.18.

 

42.              No. LF011211-10 – Authorize Mayor and Finance Officer to sign Information Sharing Agreement with Custer County, Pennington County, and the City. 

 

43.              No. LF011211-11 – Authorize Mayor and Finance Officer to sign Agreement for Data Services with Midcontinent. 

 

44.              No. LF011211-12 – Approve Resolution No. 2011-008 to Establish the Position of Temporary Airport Skycap Worker and to Amend the Pay Matrix for Temporary/Seasonal Employees.

 

45.              No. LF011211-13 – Approve Amendment to FY2010 Annual Action Plan for the Reallocation of Unused Community Development Block Grant Funds in the amount of $248,409.92.

 

46.              No. LF011211-14 – Approve Subsidy Committee recommendation to amend the FY2010 CDBG Annual Action Plan to allocate $136,212 of Community Development Block Grant (CDBG) Funds to Cornerstone Rescue Mission for purchase of a property for the Dear Ones Child Care Program. 

 

47.              No. LF011211-15 – Authorize Mayor and Finance Officer to sign Contract for Fiscal Year 2010 Community Development Block Grant (CDBG) Funds Allocation for Cornerstone Rescue Mission for purchase of a property for the Dear Ones Child Care Program.  

 

48.              No. LF011211-16 – Acknowledge report regarding professional service contracts entered into in the fourth quarter of 2010 under $25,000. 

 

49.              No. LF011211-17 – Approve request from Keith Storm, d/b/a Pied Piper, for 2011 ice cream vending license.

 

Growth Management Department Consent Items (None)

 

END OF CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 50 - 55

 

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

 

Continue the following items until February 7, 2011:

 

50.              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.

 

51.              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.

 

52.              No. 10PL066 - A request by Renner & Associates, LLC for Skyline Pines East Land Co. for a Preliminary Plat for Tract 1, Lot 19, and dedicated Fairmont Boulevard Right-of-way of Skyline Pines East Subdivision, legally described as a portion of the N1/2 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current western terminus of Fairmont Boulevard west of Mt. Rushmore Road.

 

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.

 

54.              No. 10PL093 - A request by Renner & Associates, LLC for Susan Lykken for a Layout Plat for proposed Lots 27R and 28R of Block 2 of Springbrook Acres, legally described as Lots 27 and 28 of Block 2 of Springbrook Acres, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2727 & 2735 Jenny Gulch Road.

 

55.               No. 10PL095 - A request by Sperlich Consulting, Inc. for LICH Enterprises for a Preliminary Plat for proposed Lot 1R and Lot 2R of Lot B of Block 16 of Trailwood Village, legally described as Lot 1 and Lot 2 of Lot B of Block 16 of Trailwood Village located in the SE1/4 of the SW1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at the northeast corner of the intersection of SD State Highway 44 and Covington Street.

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 56 - 66

 

Public Comment opened – Items 56 - 66

Public Comment closed

 

Ordinances

 

56.              No. LF011211-05 – First Reading, Ordinance 5707, An Ordinance Regarding Supplemental Appropriation No. 3 for 2011.

 

57.              No. LF092910-27 – Second Reading, Ordinance No. 5675, An Ordinance Establishing a One Hundred Foot Buffer Zone between Malt Beverage Retailer Establishments with Video Lottery and Wine Retailer Establishments with Video Lottery and Residential Zoned Property by Adding Chapter 5.12.095 to the Rapid City Municipal Code. (Continued from November 15, 2010 Council meeting)

 

58.              No. LF060210-22 –Second Reading, Ordinance No. 5612, An Ordinance 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. (Continued from December 20, 2010 Council meeting; Continued from December 29, 2010 Legal & Finance Committee meeting)

 

59.              No. LF060210-23 - Second Reading, Ordinance No. 5613, 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. (Continued from Dece,ber. 20, 2010 Council meeting; Continued from December 28, 2010 Legal & Finance Committee meeting; Continued from January 3, 2011 Council meeting)

 

60.              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. (Continued from the December 20, 2010 Council meeting; Continued from January 3, 2011 Council meeting)

 

61.              No. 10RZ059 - First Reading, Ordinance 5708, 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 Barbara Butler and Don Schultz for a Rezoning from General Agriculture District to Office Commercial District for the unplatted balance of NW1/4 NE1/4 less lot H2 in Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of Catron Boulevard and Wellington Drive.

 

Growth Management Department Items

 

62.              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.

 

63.              No. 10PL077 - A request by Bryan Vulcan for Ian and Amanda Vidinha for a Layout Plat for proposed Lot 89 of Canyon Springs Preserve, legally described as that part of Common Lot 1 of Block 1 of Canyon Springs Preserve located in the NE1/4 SW1/4, Section 23, T2N, R6E, BHM, Pennington County, South Dakota, located northwest of the intersection of Nemo Road and North Emerald Ridge Road.

 

64.              No. 10PL094 - A request by Davis Engineering, Inc. for David and Valerie Simpson for a Layout and Preliminary Plat for proposed Lot A Revised of Lot 14 of Block 4 of Western Heights Subdivision, legally described as Lots A and B of Lot 14 of Block 4 of Western Heights Subdivision located in NE1/4 SW1/4 of Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1216 and 1220 38th Street.

 

Legal & Finance Committee Items (None)

 

Public Works Committee Items (None)

 

Bids (None)

 

Mayor's Items

 

65.              No. CC011811-04.1 – Second Floor Review Committee Update

 

Council Items & Liaison Reports

 

66.              No. CC011811-04.2 - Jackson Boulevard & Mt. View Road – South Dakota Department of Transportation (Continued from the November 29, 2010 Special Council meeting)

 

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 67 - 81

 

Open Public Hearing (comment) -- Items 67 - 81

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 67 - 71

 

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

 

Continue the following items until February 7, 2011:

 

67.              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, 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.

 

68.              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 for Tract 1 of Lot 19 and the dedicated Fairmont Boulevard Right-of-way of the Skyline Pines East Subdivision, 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.

 

69.              No. 10SV026 - A request by Renner & Associates, LLC for Susan Lykken for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer and additional pavement and waive the requirement to dedicate additional right-of-way as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 27R and 28R of Block 2 of Springbrook Acres, legally described as Lots 27 and 28 of Block 2 of Springbrook Acres, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2727 & 2735 Jenny Gulch Road.

 

70.              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.

 

71.              No. 10VR007 - A request by Fisk Land Surveying & Consulting Engineers for Marilou Yarber for a Vacation of Right-of-Way for a portion of the Van Buren Street Right-of-way lying adjacent to the S1/2 of Lot 8 and the S1/2 S1/2 of Lots 9-11 of Block 20, Scott's Addition, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 902 Silver Street.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 67 - 81

 

CONSENT PUBLIC HEARING ITEMS – Item 72 - 78

 

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

 

Growth Management Items

 

72.              No. 10SV027 – Approve a request by William Peterson and Don Jiracek for a Variance to the Subdivision Regulations to dedicate additional right-of-way along Doolittle Street as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lot A and Lot 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 SW1/4 of SE1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of Dolittle Street and Wood Avenue.

 

Alcohol Licenses

 

73.              WNRRC, LLC DBA Buffalo Wings & Rings, 5622 Sheridan Lake Road #101 for a Retail (on-off sale) Malt Beverage Transfer from Leading Edge Management LLC DBA Buffalo Wings & Rings, 5622 Sheridan Lake Road

 

74.              WNRRC, LLC DBA Buffalo Wings & Rings, 5622 Sheridan Lake Road #101 for a Retail (on-off sale) Wine Transfer from Leading Edge Management LLC DBA Buffalo Wings & Rings, 5622 Sheridan Lake Road

 

75.              BHGRHS DBA Black Hills Chapter of Germans from Russia Heritage Society, Parish Center 4500 Jackson Boulevard for a Special Event Malt Beverage for an event scheduled for February 27, 2011

 

76.              MG Oil Company DBA Uncle Sam's South Too, 2110 Jackson Boulevard for a Retail (on-off sale) Malt Beverage with Video Lottery Transfer from South City Investments LLC DBA South City Billiards, 640 E. St Patrick Street

 

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

 

77.              WNRRC, LLC DBA Buffalo Wings & Rings, 5622 Sheridan Lake Road #101 for a Retail (on-off sale) Wine

 

Assessment Rolls

 

78.              No. LF011211-07 – Approve Resolution No. 2010-172B Levying Assessment for Cleanup of Miscellaneous Property.

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 79 - 81

 

79.              No. 10RZ051 – Second Reading, Ordinance 5696, 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 Flood Hazard District for Lot A, Watco Subdivision, located in Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, and 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 southeast corner of Lot 5 of Melody Acres Subdivision, Thence N00°00'43”E, a distance of 57.45 feet, Thence N89°49'47”E, a distance of 267.39 feet, to the Point of Beginning; Thence N27°19'59”W, a distance of 41.2 feet; Thence N48°37'18”W, a distance of 52.63 feet; Thence N45°34'10”W, a distance of 46.47 feet; Thence N50°3'48”W, a distance of 45.39 feet; Thence N50°3'48”W, a distance of 8.88 feet; Thence N57°6'52”W, a distance of 32.34 feet; Thence N49°19'19”W, a distance of 48.49 feet; Thence N49°19'19”W, a distance of 28.29 feet; Thence N46°0'51”W, a distance of 37.48 feet; Thence N50°3'44”W, a distance of 67.83 feet; Thence N56°26'49”W, a distance of 47.61 feet; Thence N70°17'17”W, a distance of 60.3 feet; Thence N77°50'13”W, a distance of 32.62 feet; Thence N77°50'13”W, a distance of 23.48 feet; Thence N71°11'49”W, a distance of 18.64 feet; Thence N71°11'49”W, a distance of 23.58 feet; Thence N67°41'4”W, a distance of 16.94 feet; Thence N67°41'4”W, a distance of 3.95 feet; Thence N67°41'4”W, a distance of 8.62 feet; Thence N47°5'21”W, a distance of 1.68 feet; Thence N0°2'51”E, a distance of 21.56 feet; Thence N0°3'8”E, a distance of 145.14 feet; Thence N0°3'6”E, a distance of 29.28 feet; Thence N0°3'5”E, a distance of 116.19 feet; Thence N0°3'5”E, a distance of 116.19 feet; Thence N0°3'25”E, a distance of 14.64 feet; Thence N0°3'0”E, a distance of 14.64 feet; Thence N0°3'3”E, a distance of 80.62 feet; Thence N0°3'9”E, a distance of 31.86 feet; Thence N0°3'7”E, a distance of 35.27 feet; Thence N0°3'7”E, a distance of 140.31 feet; Thence N82°40'40”E, a distance of 8.50 feet; Thence S84°19'25”E, a distance of 119.91 feet; Thence S87°35'57”E, a distance of 117.28 feet; Thence S83°0'42”E, a distance of 92.43 feet; Thence S82°22'58”E, a distance of 62.46 feet; Thence S88°43'21”E, a distance of 48.28 feet; Thence S83°8'37”E, a distance of 84.02 feet; Thence S47°5'22”E, a distance of 61.15 feet; Thence S24°4'7”E, a distance of 106.77 feet; Thence S17°9'25”E, a distance of 32.12 feet; Thence S38°30'23”E, a distance of 37.57 feet; Thence S54°1'34”E, a distance of 36.35 feet; Thence S63°42'22”E, a distance of 38.06 feet; Thence S63°56'50”E, a distance of 32.92 feet; Thence S65°5'37”E, a distance of 40.16 feet; Thence S54°20'28”E, a distance of 52.93 feet; Thence S49°26'2”E, a distance of 65.36 feet; Thence S53°30'18”E, a distance of 47.84 feet; Thence S58°48'44”E, a distance of 48.06 feet; Thence S56°4'38”E, a distance of 46.65 feet; Thence S85°21'20”E, a distance of 42.93 feet; Thence S88°43'21”E, a distance of 57.98 feet; Thence S85°23'5”E, a distance of 47.88 feet; Thence S58°52'1”E, a distance of 75.61 feet; Thence S46°26'55”E, a distance of 36.52 feet; Thence S42°40'43”E, a distance of 33.73 feet; Thence S0°12'24”W, a distance of 17.84 feet; Thence S0°12'23”W, a distance of 60.05 feet; Thence S0°12'38”W, a distance of 25.62 feet; Thence S58°52'29”E, a distance of 207.57 feet; Thence S5°53'23”W, a distance of 36.85 feet; Thence S2°6'23”W, a distance of 49.77 feet; Thence S1°8'34”E, a distance of 25.00 feet; Thence S8°36'26”E, a distance of 15.05 feet; Thence S23°30'13”E, a distance of 15.24 feet; Thence S35°46'21”E, a distance of 15.13 feet; Thence S29°40'59”E, a distance of 15.45 feet; Thence S24°6'17”E, a distance of 18.63 feet; Thence S7°52'58”W, a distance of 63.88 feet; Thence S41°17'38”W, a distance of 11.02 feet; Thence S47°40'17”W, a distance of 15.05 feet; Thence S62°30'50”W, a distance of 14.89 feet; Thence S79°20'42”W, a distance of 10.07 feet; Thence N87°3'3”W, a distance of 15.13 feet; Thence S86°4'35”W, a distance of 20.08 feet; Thence S78°4'2”W, a distance of 14.72 feet; Thence S62°15'47”W, a distance of 43.81 feet; Thence S88°42'40”W, a distance of 47.53 feet; Thence S88°42'34”W, a distance of 8.37 feet; Thence S88°45'2”W, a distance of 11.74 feet; Thence S89°1'36”W, a distance of 0.03 feet; Thence S0°12'34”W, a distance of 20.88 feet; Thence S0°3'36”E, a distance of 471.22 feet; Thence S0°10'41”W, a distance of 30.95 feet; Thence N62°50'7”W, a distance of 265.43 feet; Thence N61°50'6”W, a distance of 22.72 feet; Thence N62°45'12”W, a distance of 166.15 feet; Thence N62°45'27”W, a distance of 41.57 feet; Thence N22°6'51”W, a distance of 44.54 feet; Thence N23°14'16”W, a distance of 87.70 feet; Thence N34°1'57”W, a distance of 7.61 feet; Thence N34°2'17”W, a distance of 72.57 feet; Thence N34°2'23”W, a distance of 29.20 feet; Thence N34°2'16”W, a distance of 64.17 feet; Thence S89°49'40”W, a distance of 147.14 feet, to the Point of Beginning, located west of Elk Vale Road, east of South Valley Drive between Orchard Lane and Scott Street.  (Continued from the December 6, 2010, City Council Meeting)

 

80.              No. 10RZ052 – Second Reading, Ordinance 5697, 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 Mobile Home Residential District to Flood Hazard 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 southeast corner of Lot 5 of Melody Acres Subdivision, Thence N00°00'43”E, a distance of 57.45 feet, Thence N89°35'42”E, a distance of 275.506 feet, to the Point of Beginning; Thence N89°34'29”E, a distance of 114.623 feet; Thence N89°35'30”E, a distance of 35.008 feet; Thence N89°32'40”E, a distance of 1.957 feet; Thence S34°16'40”E, a distance of 66.118 feet; Thence S34°16'47”E, a distance of 30.08 feet; Thence S34°16'41”E, a distance of 74.766 feet; Thence S34°16'20”E, a distance of 7.841 feet; Thence S23°6'1”E, a distance of 91.574 feet; Thence S23°5'50”E, a distance of 44.668 feet; Thence S62°59'51”E, a distance of 42.824 feet; Thence S62°59'36”E, a distance of 171.187 feet; Thence S63°3'4”E, a distance of 6.733 feet; Thence S62°59'41”E, a distance of 17.66 feet; Thence S62°59'43”E, a distance of 272.49 feet; Thence S0°3'57”E, a distance of 24.008 feet; Thence S0°18'48”E, a distance of 105.73 feet; Thence N37°37'20”W, a distance of 45.453 feet; Thence N48°21'41”W, a distance of 69.026 feet; Thence N56°19'31”W, a distance of 82.587 feet; Thence N67°6'20”W, a distance of 123.553 feet; Thence N72°27'9”W, a distance of 101.734 feet; Thence N41°48'54”W, a distance of 101.977 feet; Thence N55°26'11”W, a distance of 123.248 feet; Thence N69°45'34”W, a distance of 24.993 feet; Thence N83°51'7”W, a distance of 33.268 feet; Thence N52°11'37”W, a distance of 37.296 feet; Thence N57°37'27”W, a distance of 52.039 feet; Thence N47°17'28”W, a distance of 31.032 feet; Thence N41°43'55”W, a distance of 34.971 feet; Thence N26°10'27”W, a distance of 40.358 feet; Thence N8°9'47”W, a distance of 67.685 feet; Thence N20°43'29”W, a distance of 34.975 feet; Thence N25°31'42”W, a distance of 27.14 feet; Thence N27°34'23”W, a distance of 12.229 feet, to the point of beginning, located west of Elk Vale Road, east of South Valley Drive between Melody Lane and Scott Street.  (Continued from the December 6, 2010, City Council Meeting)

 

81.              No. 10RZ058 - Second Reading, Ordinance 5706, 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 Park Forest District to Low Density Residential District for the SW1/4 of the NE1/4 of Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of the current western terminus of Alma Street and Sagewood Street.

 

BILLS

82.              No. CC011811-01 – Bill List for January 18, 2011

 

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

 

STAFF DIRECTION

 

ADJOURN