AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
7:00 P.M., October 3, 2011
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
APPROVE MINUTES for the September 19, 2011 regular Council meeting.
AWARDS AND RECOGNITIONS
1. Citizen Recognitions
2. Employee Recognitions
GENERAL PUBLIC COMMENT
A time for the members of the public to discuss or express concerns to the Council on any issue not on the agenda. Action will not be taken at the meeting on any issue not on the agenda, except by placement on the agenda by unanimous vote of the Council members present.
NON-PUBLIC HEARING ITEMS -- Items 3 - 87
Public Comment opened Items 3 62
Public Comment closed
CONSENT ITEMS Items 3 - 61
Remove Items from the Consent Items and Vote on Remaining Consent Items
Vacations of Right-Of-Way Set for Hearing (November 7, 2011)
3. No. 11VR007 - A request by Chamberlin Architects for MHL, LLC for a Vacation of Right-of-Way for the alley right-of-way adjacent to Lots 1-9 and 24-32 of Block 75 of the Original Townsite of the City of Rapid City, located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to 502, 508, 510 and 512 Main Street.
Alcoholic Beverage License Applications Set for Hearing (October 17, 2011)
4. Dakota Soda Company LLC DBA Dakota Soda Company, 512 Main Street, Suite 120/130 for a Retail (on-off sale) Wine License
5. Dakota Soda Company LLC DBA Dakota Soda Company, 512 Main Street, Suite 120/130 for a Retail (on-off sale) Malt Beverage License
6. Black Hills BBQ, Inc. DBA Famous Dave's BBQ, 1718 Eglin Street for a Retail (on-sale) Liquor-Restaurant License
Transfer
7. Dirk & Ethan, Inc. DBA Manchego, 502 Main Street, Suite 100 for a Retail (on-sale) Liquor License TRANSFER from Beshara Enterprises Inc DBA The Pirate's Table, 3550 Sturgis Road
8. Roadway, LLC DBA Roadway, LLC, 2208 Mt Rushmore Road for a Retail (on-sale) Liquor License TRANSFER from Fox Family Enterprises Inc. DBA Roadway Inn, 2208 Mt Rushmore Road
9. Roadway, LLC DBA Roadway, LLC, 2208 Mt Rushmore Road for a Retail (on-off sale) Malt Beverage License with Video Lottery TRANSFER from Fox Family Enterprises Inc. DBA Roadway Inn, 2208 Mt Rushmore Road
Retail (on-sale) Liquor License Renewals for 2012
10. Dirk & Ethan, Inc. DBA Manchego, 502 Main Street, Suite 100 for a Retail (on-sale) Liquor License
New License for 2012
11. Country Stores, Inc. DBA BJ's, 701 E St Patrick Street for a Package (off sale) Liquor License
12. Wal-Mart Stores, Inc DBA Walmart #3872, 121 Stumer Road for a Package (off-sale) Liquor License
Public Works Committee Consent Items
13. No. PW092711-01 Acknowledge Report on Mountain Pine Beetle Update
14. No. PW092711-18 Approve the Request by Hani Shafai to Include Land Acquisition and Clearing and Grading of Land as Allowable Project Costs for a Proposed Tax Increment District Located Near the South Dakota School of Mines.
15. No. PW092711-02 Acknowledge Report 2011 Energy Efficiency Awareness Day
16. No. PW092711-05 Acknowledge August 2011 Water and Wastewater Report.
17. No. PW092711-06 Acknowledge August 2011 Water Production Report.
18. No. PW092711-08 Approve Change Order No. 1 to DHD Construction Inc. for 2011 Miscellaneous Improvements Project, Project No. MIP11-1923 / CIP No. 50298, for an increase of $8,423.29.
19. No. PW092711-09 Authorize Staff to Advertise for Bids for the WRF Pretreatment Improvements Washer/Compactor Procurement, Project No. WRF11-1928/CIP No. 50855. Estimated Cost $188,000.00.
20. No. PW092711-10 Authorize Staff to Advertise for Bids for the WRF Pretreatment Improvements Screening Equipment Procurement, Project No. WRF11-1928/CIP No. 50855. Estimated Cost $469,800.00.
21. No. PW092711-13 Authorize acceptance of temporary construction easement for the Jackson Springs Water Treatment Plant and related improvements, Project No. WTP-1858 / CIP No. 50789.
22. No. PW092711-14 Approve a Request from Symcom and the other two property owners for a time extension to July 2, 2012 for a sidewalk installation.
23. No. PW092711-15 Acknowledge Report 2011 City View Trolley Season Review
24. No. PW092711-17 Authorize Mayor to appoint Vicki Fisher, Joel Landeen, and Jerry Wright from the Freeholders Panel to assist in assessing value to surplus alfalfa and hay bales.
25. No. 11FV008 - Nowlin and Wood Addition Approve a request by Timothy L. Clarke for a Fence Height Exception to allow a six foot fence in lieu of a four foot fence in the front yard setback for Lots 38 and 39 of Block 35 of Nowlin & Wood Replat located in Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 532 E. Van Buren Street.
26. No. 11TP019 Approve Rapid City Area Metropolitan Planning Organization 2012 Unified Planning Work Program - Draft Report.
27. No. 11TP020 Approve Rapid City Area Metropolitan Planning Organization Participation Plan Update - Draft Report.
28. No. PW092711-19 Approve Change Order No. 1 to Conrad's Big C Electric for Canyon Lake Park Lighting Improvements Project No. PR09-6012, time extension of 30 days (no cost); new completion date is October 26, 2011.
29. No. PW092711-20 Authorize the Parks and Recreation Department administrative offices to move to the Halley Park Building.
30. No. PW092711-21 Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with Fennel Design, Inc. for the Horace Mann Park Pool Replacement Feasibility Study and Preliminary Design, Project No. PR11-6042.
31. No. PW092711-22 Acknowledge Report of Memorial Park Civic Center Sign Timing.
32. No. PW092711-23 Approve Resolution No. 2011-122 Establishing Authorized Public Works Department FTE's.
33. No. PW092711-24 Approve Resolution No. 2011-123 to Amend the City of Rapid City Compensation Plan by Making the Following Deletion of the Position of Aquatics Division Manager.
34. No. PW092711-25 Approve Resolution No. 2011-124 to Amend the City of Rapid City Non-Union Compensation Plan by Making the Following Changes to the Position of Recreation Division Manager.
35. No. PW092711-26 Approve Resolution No. 2011-125 to Amend the Parks and Recreation Authorized FTEs.
Legal & Finance Committee Consent Items
36. No. LF092811-01 Confirm appointment of Don Barnett, Vern Shepherd, Kay Rippentrop, Gary Brown, Larry Dahlstrom, Tim Giago, Donovan Sprague, Ann Hennies, Van Linquist, Jerry Shoener, LaVonne Masters, Wes Storm, Bernita Loucks, Larry Lytle, Jim Shaw, and Ed McLaughlin with Greta Chapman, Ray Summers, and Brian Maliske Acting in an advisory role to the Steering Committee for the 1972 Flood Memorial 40th Anniversary Commemoration (weekend of June 9, 2012).
37. No. LF092811-03 Confirm appointment of Jan Swank to the Sign Code Board of Appeals.
38. No. LF092811-04 Confirm appointment of Mark Beshara to the Rapid City Electrical Board to fill the unexpired term of Tim Baumgartner (term to expire May 30, 2012).
39. No. LF092811-05 Acknowledge the receipt of donation for Airport art.
40. No. LF092811-10 Direct the Rushmore Plaza Civic Center Board to publish their agendas and minutes in the same fashion as is being done by the City.
41. No. LF092811-11 Direct the Rapid City Regional Airport Board to publish their agendas and minutes in the same fashion as is being done by the City.
42. No. LF092811-12 Approve Resolution No. 2011-127 Amending the Rapid City Council Policies and Procedures Relating to Notification Procedures.
43. Acknowledge update on Presidential Plaza.
44. Request the Mayor to authorize the Community Resources Director research consolidated purchasing and bring a report back to the November 16, 2011, Legal and Finance Committee meeting.
45. No. LF092811-14 Acknowledge Capital Improvement Program Committee monthly update for September 2011.
46. No. LF092811-15 Acknowledge Capital Plan for Street, Drainage and MIP Projects for September 2011.
47. No. LF092811-16 Authorize Mayor and Finance Officer to sign Contract between CRW Inc. and the City of Rapid City for the building permit software in the amount of $158,000 (funds for this contract include $150,000 from the Information Technology line item of the Capital Improvements Program and $8,000 from Pennington County Planning and Zoning).
48. No. LF092811-17 Authorize Mayor and Finance Officer to sign Contract between Nore Winter/Winter & Company and City of Rapid City for the Design Guidelines for the West Boulevard Historic District Project Phase II for the Historic Preservation Commission in an amount not to exceed $12,000.
49. No. LF092811-34 Approve transfer and expenditure of funds for Building Division seminar and to authorize the Finance Office to separate the coupon funds from the general fund.
50. No. LF092811-18 Approve Resolution No. 2011-115 Declaring Miscellaneous Personal Property Surplus.
51. No. LF092811-19 Approve Resolution No. 2011-121 Canceling Checks or Warrants not Presented for Payment within One Year of Date of Issuance.
52. No. LF092811-21 Approve Resolution No. 2011-116A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property.
53. No. LF092811-22 Approve process on subsidy disbursements.
54. No. LF092811-23 Approve city-wide Petty Cash Policy.
55. No. LF092811-24 - Approve Amended Travel and Training Regulations.
56. No. LF092811-25 Acknowledge 2010 Annual Audit Report.
57. No. LF092811-26 Acknowledge general overview on Performance Based Budgeting Budgeting for Outcomes.
58. No. LF092811-28 Approve Resolution No. 2011-129 Declaring Miscellaneous Real Property Surplus (Friendship House) for Purposes of Destroying Property.
59. No. LF092811-29 Approve Resolution No. 2011-126 - Authorizing the Filing of Applications with the Federal Transit Administration.
60. No. LF092811-32 Authorize Mayor and Finance Officer to sign First Amendment to Visitor Information Center Lease.
61. No. LF092811-33 Acknowledge raffle request from Festival of Trees.
Community Planning and Development Services Consent Items (NONE)
END OF CONSENT CALENDAR
CONTINUED CONSENT ITEMS Item 62
Remove Items from the Continued Consent Items and Vote on Remaining Continued Consent Items
Continue the following items until October 17, 2011:
62. No. 11PL035 - A request by Renner & Associates, LLC for Bob Akers for a Preliminary Plat for proposed Lots 1 and 2 of Tract 5 Revised of Signal Heights Subdivision, legally described as Tract 5 Revised of Signal Heights Subdivision and a portion of vacated South Street located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of the intersection of East Boulevard and Kellogg Place.
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS Items 63 - 87
Public Comment opened Items 63 - 87
Public Comment closed
Ordinances
63. No. 11RZ020 - First Reading, Ordinance 5763, 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 for a portion of the NW¼ of the SW¼ of Section 10, T1N, R8E, BHM, Pennington County, South Dakota more fully described as follows: Commencing at the Section ¼ Corner common to Sections 9 and 10, T1N, R8E, BHM, thence, S00°05'57W, along the section line common to said Sections 9 and 10, a distance of 169.01 feet, thence, S89°54'03E, a distance of 33.00 feet to a point on the easterly edge of Jolly Lane right-of-way, and the point of beginning; Thence, first course: S51°11'21E, a distance of 388.65 feet; Thence, second course: S38°48'39W, a distance of 190.00 feet, to a point on the northerly edge of E. Highway 44 right-of-way; Thence, third course: N51°11'21W, along the northerly edge of said E. Highway 44 right-of-way, a distance of 190.24 feet; Thence, fourth course: N30°37'50W, along the northerly edge of said E. Highway 44 right-of-way, a distance of 70.45 feet, to the easterly edge of said Jolly Lane right-of-way; Thence, fifth course: N00°05'57E, along the easterly edge of said Jolly Lane right-of-way, a distance of 211.79 feet, to a point the point of beginning, located at the northeast corner of Jolly Lane and East Highway 44.
64. No. 11RZ021 - First Reading, Ordinance 5766, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Kevin Willan for a Rezoning from Low Density Residential District to General Commercial District for Lots 11 and 12 of Block 6 of Rapid Valley Subdivision located in Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Pecan Lane and East Saint Francis Street.
65. No. LF092811-06 First Reading, Ordinance No. 5750, An Ordinance to Change the Qualifications for Membership on the Rushmore Plaza Civic Center Board by Amending Section 2.76.020 of the Rapid City Municipal Code.
66. No. LF092811-07 First Reading, Ordinance No. 5759, An Ordinance to Require Appointment of the Rushmore Plaza Civic Center Manager and Assistant Manager with Confirmation by the Common Council by Amending Section 2.76.140 of the Rapid City Municipal Code.
67. No. LF092811-08 First Reading, Ordinance No. 5760, An Ordinance to Require Appointment of the Rapid City Regional Airport Executive Director with Confirmation by the Council by Amending Section 2.72.060 of the Rapid City Municipal Code.
68. No. LF092811-09 First Reading, Ordinance No. 5761, An Ordinance to Require a Report to the Common Council on the Reserve and Unencumbered Cash Balance in the General Fund by Amending Chapter 2.40.140 of the Rapid City Municipal Code.
69. No. 11OA011 Second Reading, Ordinance No. 5752, An Ordinance to Allow a Winery as a Conditional Use in the Central Business District by Amending Section 17.16.030 of the Rapid City Municipal Code.
70. No. LF091411-07 Second Reading, Ordinance No. 5751, An Ordinance Establishing Compass Internal Audit Program by Adding Chapter 2.95 to the Rapid City Municipal Code.
71. No. LF092811-30 First Reading, Ordinance No. 5758, An Ordinance to Amend the Security License Regulations by Amending Chapter 5.52 of the Rapid City Municipal Code.
72. No. LF092811-31 First Reading, Ordinance No. 5753, An Ordinance to Provide for Reissuance of Certain Alcohol Beverage Licenses without Public Hearing by Amending Chapter 5.12 of the Rapid City Municipal Code.
Community Planning and Development Services Items
73. No. 11PL044 - A request by Dream Design International, Inc. for a Layout Plat for proposed Lots 1-133 of Teton Heights Subdivision, legally described as NE1/4 NW1/4 of Section 19, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Country Road between West Nike Road and 143rd Avenue.
74. No. 11PL046 - A request by Fisk Land Surveying & Consulting Engineers for Ken Berglund for the Estate of Patricia Berglund for a Layout Plat for proposed Lots 4 and 5 of Squirrelly Acres Subdivision, legally described as the north 825 feet of the NE1/4 SE1/4 less Squirrelly Acres Subdivision located in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Berglund Road, south of the intersection of Berglund Road and Fox Road.
75. No. 11PL047 - A request by Fisk Land Surveying & Consulting Engineers for Delbert and Shirley Stover for a Layout Plat for proposed Lots 4A and 4B of Block 3 of Nielsen Subdivision, legally described as Lot 4 of Block 3 of Nielsen Subdivision located in Section 18, T1N, R7E, BHM, Pennington County, South Dakota, located at 6280 Tittle Springs Place.
Legal & Finance Committee Items
76. No. LF092811-13 Authorize fire code official to execute Fire Protection System Agreements on behalf of the City pursuant to the International Fire Code adopted by the City.
77. No. LF092811-35 Request the Mayor to authorize the City Attorney's office draft an ordinance to provide for term limits of four years for the Mayor and four years for the Council members.
78. No. LF092811-27 Resolution No. 2011-128 Establishing a Policy to Give Consideration to People with Disabilities when Interviewing for Open Positions within the City of Rapid City.
Public Works Committee Items
79. No. PW092711-07 Approve Change Order No. 1F to Hills Materials Company for Pavement Rehabilitation Project #2 Lakota Homes, Project No. ST11-1911 / CIP No. 50549, for an increase of $11,376.32.
80. No. PW092711-11 Authorize Mayor and Finance Office to Sign an Agreement between the City of Rapid City and Hills Materials Company for P.E.T.T. Building Parking Lot Repair, Project No. PL11-1979, in the amount of $13,847.00.
81. No. PW092711-12 Water Billing for Rapid City Property Lease Holders.
82. No. PW092711-03 Acknowledge Report Update on Green-Sustainable Cities
83. No. PW092711-04 Acknowledge Report Condition of Wayside Drive
Bids
84. No. CC100311-02.1 2011 Manhole Adjustment Project, Project No. ST11-1970 / CIP No. 50846 (Opened on September 27, 2011)
85. No. CC100311-02.2 Fire Station #4 Addition, Project No. FD-1953 / CIP 50883 (Opened on September 27, 2011)
Mayor's Items
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
86. No. CC100311-03 Vision 2012 Update
87. No. CC100311-04.1 Update on Redistricting
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS Items 88 - 106
Open Public Hearing (comment) -- Items 88 106 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS Items 88 - 90
Remove Items from the Continued Public Hearing Consent Items and Vote on Remaining Continued Public Hearing Consent Items
Continue the following items until October 17, 2011:
88. No. 11RZ019 - Second Reading, Ordinance 5757, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Richard Huffman for a Rezoning from General Commercial District to Light Industrial District for Lot 1A of Starlite Subdivision located in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of Dyess Avenue and Eglin Street.
89. No. 11VR003 - A request by Renner & Associates, LLC for Deluxe, LLC for a Vacation of Right-of-Way for a portion of N. Cherry Street right-of-way lying adjacent to Lot 1 of Block 16, a portion of Pine Street right-of-way lying adjacent to Lot 3 of Block 16, a portion of E. New York Street right-of-way and a portion of E. Chicago Street right-of-way lying adjacent to Lots 1-3 of Block 16 of Feigels Addition located in the SW1/4 of the SE1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 815 East New York Street.
90. No. 11VR004 - A request by Gene Fennell for Pennington County for a Vacation of Right-of-Way for the alley right-of-way adjacent to Lots 1-12 and Lots 21-32 of Block 99 of the Original Townsite of the City of Rapid City, located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located in the alley right-of-way lying west of 1st Street between Kansas City Street and Saint Joseph Street.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 88 - 106
CONSENT PUBLIC HEARING ITEMS Item 91 - 97
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning and Development Services Items
91. No. 11CA010 Approve a request by Centerline, Inc. for Saint Patrick, LLC for an Amendment to the Comprehensive Plan to change the land use designation from Low Density Residential to General Commercial for Tract AR2 of Needles Subdivision located in Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, less a portion of Tract AR2 described as follows: Commencing at northwesterly corner of Tract AR2 of Needles Subdivision, common to the northeasterly corner of Tract B of Needles Subdivision, and common to the southwesterly corner of Tract A of Tucker Subdivision, and the point of beginning; Thence, first course: N89°56'00E, along the northerly boundary of said Tract AR2, common to the southerly boundary of said Tract A, a distance of 331.61 feet, to the southeasterly corner of said Tract A; Thence, second course: S62°44'53E, a distance of 593.67 feet, to a point on the southerly boundary of said Tract AR2, common to a point on the northerly edge of Catron Boulevard right-of-way; Thence, third course: southwesterly, curving to the right, along the southerly boundary of said Tract AR2, common to the northerly edge of said Catron Boulevard right-of-way, on a curve with a radius of 743.51 feet, a delta angle of 74°57'16, a length of 972.66 feet, a chord bearing of S59°59'16W, and chord distance of 904.77 feet; Thence, fourth course: N82°32'06W, along the southerly boundary of said Tract AR2, common to the northerly edge of said Catron Boulevard right-of-way, a distance of 79.87 feet, to the southwesterly corner of said Tract AR2, common to the southeasterly corner of said Tract B; Thence, fifth course: N00°15'46E, along the westerly boundary of said Tract AR2, common to the easterly boundary of said Tract B, a distance of 713.64 feet, to the northwesterly corner of said Tract AR2, common to the northeasterly corner of said Tract B, and common to the southwesterly corner of said Tract A, and the point of beginning, less H Lots, located northwest of the intersection of Catron Boulevard and Wellington Drive.
Alcohol Licenses
Special Event
92. 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 October 20, 2011 at Casey Petersen & Associates, 909 St Joseph Street, Suite 101.
New
93. Dakota Thyme, LLC (Julie Smoragiewicz) DBA Dakota Thyme, LLC, 502 Main Street, Suite 200, for a Retail (on-off sale) Wine License
94. Dakota Thyme, LLC (Julie Smoragiewicz) DBA Dakota Thyme, LLC, 502 Main Street, Suite 200, for a Retail (on-off sale) Malt Beverage License
95. Dirk & Ethan, Inc DBA Manchego, 502 Main Street, Suite 100, for a Retail (on-off sale) Wine License
96. Dirk & Ethan, Inc DBA Manchego, 502 Main Street, Suite 100, for a Retail (on-off sale) Malt Beverage License
Assessment Rolls
97. No. LF092811-20 Approve Resolution No. 2011-106B Levying Assessment of Cleanup of Miscellaneous Property.
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Items 98 - 106
98. No. 11RZ016 Second Reading, Ordinance 5754, 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 for a parcel of land located in Lot 1 of the SE1/4 SE1/4 of Section 29, T1N, R7E, BHM, Pennington County, South Dakota, said 1.72 acre of land being situated in the northwest corner of and adjoining the west boundary of said Lot 1 and adjoining the south right-of-way line of Sheridan Lake Road, a public road, and being more particularly described by metes and bound as follows: Commencing, for location purposes only at an iron rod with cap marked FISK 1771 found for corner on the west sixteenth-section line of said SE1/4 SE1/4 of Section 29 at its intersection with the eastern right-of-way line of Croyle Avenue, a 66-foot wide public road, said corner also marking the intersection of the east boundary of Lot A of Lot 1 of Rohrer Subdivision in the SW1/4 SE1/4 of Section 29 and west boundary of Lot B of Lot 1 of the SE1/4 SE1/4 of Section 29 with the eastern right-of-way line of Croyle Avenue; Thence, N00°03'49W, along said sixteenth-section line, running within the right-of-way of Croyle Avenue, a distance of 390.92 feet to the Point of Beginning of the herein described tract, said Point of Beginning being located at another intersection with the eastern right-of-way line of Croyle Avenue and also being at the intersection of the east boundary of Lot B of Lot 1 of Rohrer Subdivision in the SW1/4 SE1/4 of Section 29 and west boundary of said Lot 1 of the SE1/4 SE1/4 of Section 29 with the eastern right-of-way line of Croyle Avenue; Thence, N00°03'49W, along the west sixteenth-section line and west boundary of said Lot 1 of the SE1/4 SE1/4 of Section 29, a distance of 199.93 feet to a point for corner on the southern right-of-way line of Sheridan Lake Road, from which a surveyor's monument marking the northeast corner of Lot 23 of Block 12 of Countryside Subdivision on the west line of Lot 1 of Block 5 of Red Rock Estates bears N00°03'49W a distance of 237.70 feet; Thence, N69°25'25E, along the southern right-of-way line of Sheridan Lake Road, running parallel to and 33 feet from the centerline of said Sheridan Lake Road, a distance of 217.80 feet to a point of curvature; Thence, continuing along the southern right-of-way line of Sheridan Lake Road in a curve to the right having a central angle of 01°37'22, a radius of 1399.39 feet, and an arc length of 39.64 feet to a point for corner; Thence, S09°15'00E, a distance of 246.84 feet to a point for corner; Thence, N87°30'00E, a distance of 55.33 feet to a point for corner; Thence, S02°30'00E, a distance of 61.00 feet to a point for corner; Thence, S87°30'00W, a distance of 335.55 feet to a point for corner on the eastern right-of-way line of said Croyle Avenue; Thence, N07°07'11W, along the eastern right-of-way line of Croyle Avenue, a distance of 27.13 feet to the Point of Beginning, located at 7887 Sheridan Lake Road.
99. No. 11RZ017 - Second Reading, Ordinance 5755, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Centerline, Inc. for Saint Patrick, LLC for a Rezoning from Low Density Residential District to General Commercial District for Tract AR2 of Needles Subdivision located in Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, less a portion of Tract AR2 described as follows: Commencing at northwesterly corner of Tract AR2 of Needles Subdivision, common to the northeasterly corner of Tract B of Needles Subdivision, and common to the southwesterly corner of Tract A of Tucker Subdivision, and the point of beginning; Thence, first course: N89°56'00E, along the northerly boundary of said Tract AR2, common to the southerly boundary of said Tract A, a distance of 331.61 feet, to the southeasterly corner of said Tract A; Thence, second course: S62°44'53E, a distance of 593.67 feet, to a point on the southerly boundary of said Tract AR2, common to a point on the northerly edge of Catron Boulevard right-of-way; Thence, third course: southwesterly, curving to the right, along the southerly boundary of said Tract AR2, common to the northerly edge of said Catron Boulevard right-of-way, on a curve with a radius of 743.51 feet, a delta angle of 74°57'16, a length of 972.66 feet, a chord bearing of S59°59'16W, and chord distance of 904.77 feet; Thence, fourth course: N82°32'06W, along the southerly boundary of said Tract AR2, common to the northerly edge of said Catron Boulevard right-of-way, a distance of 79.87 feet, to the southwesterly corner of said Tract AR2, common to the southeasterly corner of said Tract B; Thence, fifth course: N00°15'46E, along the westerly boundary of said Tract AR2, common to the easterly boundary of said Tract B, a distance of 713.64 feet, to the northwesterly corner of said Tract AR2, common to the northeasterly corner of said Tract B, and common to the southwesterly corner of said Tract A, and the point of beginning, less H Lots, located northwest of the intersection of Catron Boulevard and Wellington Drive.
100. No. 11RZ018 - Second Reading, Ordinance 5756, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Fisk Land Surveying & Consulting Engineers for Ken Berglund for the Estate of Patricia Berglund for a Rezoning from Medium Density Residential District to Park Forest District for the north 825 feet of the NE1/4 SE1/4 less Squirrelly Acres Subdivision located in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Berglund Road, south of the intersection of Berglund Road and Fox Road.
101. 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 the Section Line Highway as they abut the north 825 feet of the NE1/4 SE1/4 less Squirrelly Acres Subdivision located in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Berglund Road, south of the intersection of Berglund Road and Fox Road. (11SV014)
102. No. 11SV014 - A request by Fisk Land Surveying & Consulting Engineers for Ken Berglund for the Estate of Patricia Berglund for a Variance to the Subdivision Regulations to allow a 17 foot wide graveled surface in lieu of a minimum 24 foot wide paved surface and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Berglund Road and to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the section line highway as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 4 and 5 of Squirrelly Acres Subdivision, legally described as the north 825 feet of the NE1/4 SE1/4 less Squirrelly Acres Subdivision located in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Berglund Road, south of the intersection of Berglund Road and Fox Road.
103. Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of install curb, gutter, sidewalk, street light conduit, water and sewer along S.D. Highway 44 West as they abut Lot 4 of Block 3 of Nielsen Subdivision located in Section 18, T1N, R7E, BHM, Pennington County, South Dakota, located at 6280 Tittle Springs Place. (11SV015)
104. No. 11SV015 - A request by Fisk Land Surveying & Consulting Engineers for Delbert and Shirley Stover for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit and water, to reduce the pavement width from 24 feet to 10 feet and to reduce the easement width from 49 feet to 30 feet for Tittle Springs Place; to waive the requirement to install water and sewer along S.D. Highway 44 West; and, to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the access easements and to reduce the width of the access easement from 49 feet to 40 feet as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 4A and 4B of Block 3 of Nielsen Subdivision, legally described as Lot 4 of Block 3 of Nielsen Subdivision located in Section 18, T1N, R7E, BHM, Pennington County, South Dakota, located at 6280 Tittle Springs Place.
105. No. 11VR005 - A request by Gene Fennell for Pennington County for a Vacation of Right-of-Way for the alley right-of-way adjacent to Lots 13-16 and Lots 17-20 of Block 99 of the Original Townsite of the City of Rapid City, located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located in the alley right-of-way lying east of 2nd Street between Kansas City Street and Saint Joseph Street.
106. No. 11RZ013 Second Reading, Ordinance 5736, 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 Low Density Residential District for a portion of the NE1/4 of the NE1/4, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the northwesterly corner of Lot 1, Block 12 of Red Rock Meadows Subdivision, and the point of beginning; Thence, first course: N00°19'29W, a distance of 99.01 feet; Thence, second course: N00°18'28W, a distance of 90.00 feet; Thence, third course: N89°41'32E, a distance of 165.00 feet, to a point on the section line common to Sections 28 & 29, T1N, R7E, BHM; Thence, fourth course: S00°18'28E, along the section line common to said Sections 28 & 29, a distance of 189.93 feet; Thence, fifth course: N89°58'06W, a distance of 26.00 feet, to the northeasterly corner of said Lot 1, Block 12; Thence, sixth course: N89°58'06W, along the northerly boundary of said Lot 1, Block 12, a distance of 138.97 feet, to the said point of beginning, located at the current northern terminus of Dunsmore Road. (Continued from the September 6, 2011 Council meeting)
BILLS
107. No. CC100311-01 Bill List for October 3, 2011
EXECUTIVE SESSION for the purposes permitted by SDCL 1-25-2
STAFF DIRECTION
ADJOURN