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AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota

January 20, 2009 -- 7:00 P.M.

(Note, as a result of the adoption of the City Council Policies & Procedures, the format of the agenda has changed.)

ROLL CALL AND DETERMINATION OF QUORUM

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for December 30, 2008 Special Council Meeting and January 5, 2009 Regular Council Meeting

 

AWARDS AND RECOGNITIONS

 

1.                  Veteran of the Month

 

2.                  Employee Recognition and Award

 

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 - 62

 

Public Comment opened – Items 3 - 52

Public Comment closed

 

CONSENT ITEMS – Items 3 - 52

 

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

 

Vacations of Right-Of-Way Set for Hearing (February 17, 2009)

 

3.                  No. 08VR008 - A request by D.C. Scott Co. Land Surveyors for William Taylor for a Vacation of Right-of-way on the Monroe Street right-of-way from the east right-of-way line of Milwaukee Street to the west right-of-way line of the D.M.&E. railroad, located between and adjacent to Lots 11 thru 17 of Block 13, and Lot A of Block 18 of Wise's Addition to Rapid City, located in the S1/2 NW1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located between Milwaukee Street and Waterloo Street and west of the DM&E Railroad Right-of-way.

 

Alcoholic Beverage License Applications Set for Hearing (February 2, 2009)

 

4.                  Bully Blends Coffee and Tea, Inc. DBA Bully Blends Coffee and Tea Shop, 410 5th Street, for a Retail (on-sale) Wine, no video lottery

 

5.                  Bully Blends Coffee and Tea, Inc. DBA Bully Blends Coffee and Tea Shop, 410 5th Street, for a Retail (on-off sale) Malt Beverage, no video lottery

 

 

6.                  Wal-East Development Inc. DBA Jokers Casino South, 502 West Boulevard, for a Retail (On-Off Sale) Malt Beverage License TRANSFER from Sarf, Inc., 1320 Mt. Rushmore Road #C

 

7.                  Wal-East Development Inc. DBA Jackpot Casino East, 502 West Boulevard for a Retail (On-Off Sale) Malt Beverage License TRANSFER from ZBT, Inc., 2708 E. Highway 44

 

8.                  Rapid City Area Chamber of Commerce, for a Special Event Malt Beverage and Wine License, to be used on February 24, 2009 at the Rushmore Mall, 2200 N Maple Avenue

 

9.                  Rapid City Area Chamber of Commerce, for a Special Event Malt Beverage and Wine License, to be used on June 18, 2009 at the Black Hills Regional Eye Institute, 2800 3rd Street.

 

10.              Rapid City Fine Arts Center, Inc. for a special Beer and Wine License for an event scheduled February 7, 2009 at Dahl Arts Center, 713 Seventh Street

 

11.              Rapid City Fine Arts Center, Inc. for a special Beer and Wine License for an event scheduled February 21, 2009 at Dahl Arts Center, 713 Seventh Street

 

12.              Rapid City Fine Arts Center, Inc. for a special Beer and Wine License for an event scheduled February 27 and 28, 2009 at Dahl Arts Center, 713 Seventh Street

 

13.              Rapid City Fine Arts Center, Inc. for a special Beer and Wine License for an event scheduled March 7, 2009 at Dahl Arts Center, 713 Seventh Street

 

Public Works Committee Consent Items

 

14.              No. PW011309-03 – Approve Change Order No. 8 Final for Dahl Fine Arts Center Remodel and Addition, to J. Scull Construction Services, Project No. IDP04-1367 / CIP No. 50101, for an increase of $22,923.32. 

 

15.              No. PW011309-05 – Approve Change Order No. 1 for Elk Vale Low Level Reservoir, to Natgun Corporation, Project No. W07-1638, for a decrease of $65,149.60.

 

16.              No. PW011309-07 – Approve Change Order No. 3 Final for 43rd Court Water Main Reconstruction, to Simon Contractors of South Dakota, Inc., Project No. ST06-1529 / CIP No. 50606, for a decrease of $5,769.45. 

 

17.              No. PW011309-09 – Approve Change Order No. 1 Final for 2008 Pavement Marking Project, to Dakota Traffic Services, LLC, Project No. PM08-1705 / CIP No. 50593, for a decrease of $3,654.64. 

 

18.              No. PW011309-10 – Approve Change Order No. 4F for Anamosa Street Reconstruction - Phase 1, Milwaukee Street to LaCrosse Street, to Hills Materials Company, Project No. SSW05-1471 / CIP No. 50518, for a decrease of $51,815.29. 

 

19.              No. PW011309-02 – Authorize Staff to Advertise for Bids for Blaine, Halley, Holcomb, East Jackson & North Maple Sewer Reconstruction, Project No. SS08-1711 / CIP No. 50420. 

 

20.              No. PW011309-04 – Authorize Mayor and Finance Officer to Sign an Agreement between City of Rapid City and the SD Department of Transportation for a Letting and Maintenance Agreement for Project NH 0016(70)67 PCN 01W5, for a State Project located at the intersection of St. Patrick Street and US16 (Mt. Rushmore Road).

 

21.              No. PW011309-06 – Approve the recommended increased Transit Fare Rates. 

 

22.              No. PW011309-12 – Authorize Staff to Purchase Three 2009 ADA Accessible Paratransit Vehicles, from the Superior Bus Sales, Becker, Minnesota, in the amount of $233,985.

 

23.              No. PW011309-01 – Authorize Staff to Advertise for Bids to Purchase one 2009 Transit Bus, in the amount of $110,000.00. 

 

24.              No. 08VE031 - Approve a request by Larry Berube to consider an application for a Vacation of a portion of a Utility and Minor Drainage Easement on Lot 1R of Block 2 of Mountain View No. 2, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1712 Mesa Drive. 

 

25.              No. PW011309-11 – Authorize Staff to Seek Proposals for Greenway Extension Project Design and Construction Administration. 

 

26.              Acknowledge the report on the South Valley Drive Annexation petitions. 

 

Legal and Finance Committee Consent Items

 

27.              No. LF011409-22 - Authorize staff to prepare the documents granting a public utility easement across Lot 2, Owen Hibbard Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota – Centerline for Olsen Development Company, Inc. 

 

28.              No. LF011409-01 – Approve Travel Request for Karen Gundersen Olson, Sam Kooiker and Lloyd LaCroix to attend Municipal Government Day at the Legislature February 3-4, 2009, in the approximate amount of $1,050.50. (This amount includes $210 for registration costs of six other attendees who are listed on other travel requests.)

 

29.              No. LF011409-02 – Confirm appointment of Deb Hadcock, Ron Kroeger, Ron Weifenbach (Alternate), Denny Landguth (Chair), Tom Hennies (Vice Chair), Gary Brown (Alternate), David Hillard, Dave Janak, and a representative of the Pennington County Commission to the TIF District Project Review Committee. 

 

30.              No. LF011409-03 – Confirm reappointment of Kathy LaForest, Dave Kurtz, Doug Puetz, Brian Gosch, Tom Collings, Margot Burton, Shelly Schock, Sheryl Logan, and Ann Trask to the Mayor’s Committee on Disabilities for two year terms and confirm reappointment of Patti Martinson, Kay Rippentrop, Rich Sagen, and John Less as advisory staff members to the Mayor’s Committee on Disabilities. 

 

31.              No. LF011409-06 – Approve the Capital Plan for Streets, Drainage, and MIP Projects for December 2008.

 

32.              No. LF011409-07 – Approve the Parks and Recreation Five Year Plan Reallocation of Funds.   

 

33.              Approve carry forward of $100,000 for affordable housing. 

 

34.              Request staff to discuss alternatives with Qwest regarding one free parking space for Qwest in front of their building in the 700 Block of Kansas City Street for the purpose of loading and unloading equipment. 

 

35.              No. LF011409-08 – Authorize Mayor and Finance Officer to sign State of South Dakota Consultant Contract/Letter or Agreement for Consultant Services (January 5-16, 2009). 

 

36.              No. LF011409-25 – Authorize Airport Director to use personal airplane for traveling. 

 

37.              No. LF011409-09 – Approve Travel Request for Jim Preston, Pauline Sumption, Connie Ewing, and Tracy Davis to attend Municipal Government Day at the Legislature in Pierre February 3 and 4, 2009, in the approximate amount of $420. 

 

38.              Acknowledge the following volunteers for workmen’s compensation purposes:  Abbigayle Wells, Laurie Ales, Lois Schaefers. 

 

39.              No. LF011409-11 – Approve Resolution Writing off Credit Balance Water Accounts. 

 

40.              No. LF011409-12 – Approve Resolution Writing off Uncollectable Utility Billing Accounts. 

 

41.              No. LF011409-13 – Approve Allied Arts City subsidy disbursal in the amount of $100,000. 

 

42.              No. LF011409-15 – Approve Resolution Establishing Encumbrances. 

 

43.              Recommend acceptance of the South Valley annexation petitions and place this item on the June 9, 2009, annual election ballot.

 

44.              Direct staff to negotiate a contract with Pratt and Granicus for services regarding the audio/visual upgrades in the Council chambers.

 

45.              No. LF011409-27 – Authorize Mayor and Finance Officer to sign Additional Services Agreement with New World Systems in an amount not to exceed $25,500. 

 

46.              No. LF011409-24 – Approve Travel Request for John Wagner, Dan Coon, and Stacey Titus to travel to Zenon (GE) Manufacturing Plant in Toronto, Canada for site visit as part of the Rapid City Water Treatment Plant upgrades, Project No. W07-1689, CIP No. 50696, for membrane filter evaluation and inspection of membrane filters similar to those proposed for the Rapid City plants in the approximate amount of $3,435. 

 

47.              No. LF011409-16 – Approve Travel Request for John Wagner, Dan Coon, and Stacey Titus to travel to Denver, Colorado for site visit as part of the Rapid City Water Treatment Plant upgrades, Project No. W07-1689, CIP No. 50696, for membrane filter evaluation and inspection of membrane filters similar to those proposed for the Rapid City plants in the approximate amount of $1,914. 

 

48.              No. LF011409-17 – Approve Travel Request for Parks and Recreation Director Jerry Cole to attend the National Legislative Forum on Parks and Recreation in Washington, DC, March 17-22, 2009, in an approximate amount of $2,452. 

 

49.              No. LF011409-18 –  Approve Travel Request for Recreation Coordinator Matt Brandhangen to attend the National Institute of Golf Management in Wheeling, West Virginia from March 22-27, 2009, in an approximate amount of $2,197. 

 

50.              No. LF011409-21 – Approve Travel Request for Jason Green and Joel Landeen to attend Municipal Government Day at the Legislature in Pierre, SD, February 3-4, 2009, in the approximate amount of $365. 

 

51.              No. LF011409-26 – Approve raffle request from Crazy Horse Memorial. 

 

Growth Management Department Consent Items

 

52.              No. 08PL102 – Approve a request by Black Hills Area Habitat for Humanity for a Preliminary Plat on Blocks 73A, 73B and 73C of Mahoney Addition, located in the SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Block 73 of Mahoney Addition, all located in the SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1323 Midway Street.

 

END OF CONSENT CALENDAR

 

NON-CONSENT ITEMS – Items 53 - 62

 

Public Comment opened – Items 53 - 62

Public Comment closed

 

Ordinances

53.              No. LF011409-14 – First Reading of Ordinance No. 5460 Regarding Supplemental Appropriation No. 1 for 2009. 

 

54.              No. LF011409-19 – First Reading of Ordinance No. 5377 to Amend the Rapid City Human Relations Commission by Amending Chapter 2.64 of the Rapid City Municipal Code.  

 

55.              No. LF052808-23A – First Reading of Ordinance No. 5393 to Create a Life Safety Loan Program by Amending Title 3 of the Rapid City Municipal Code. 

 

Growth Management Department Items (None)

 

Legal & Finance Committee Items

 

56.              No. LF011409-04 - Recommend designating the North Elk Vale property as the site for the soccer complex.   

 

57.              Table discussion of public safety and maintenance concerns at Countryside Mobile Home Court on East St. Patrick Street.

 

Public Works Committee Items

 

58.              No. PW011309-08 – Authorize Mayor and Finance Officer to Sign an Agreement between City of Rapid City and Ferber Engineering Company, Inc. for the Dover Street Drainage Improvements, Project No. DR05-1452 / CIP No. 50025, in the amount of $98,070.00. 

 

Bids

59.              No. CC012009-02 - Automated Side Loading Refuse Collection Truck for Solid Waste Division (Opened on January 13, 2009)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

Appeals

 

Sign Code Appeals

 

60.              No. CC110507-03 – Notice of Appeal from the Requirements of the Rapid City Sign Ordinance, Chapter 15.28 by Cabela’s Retail, Inc. for wall signs, joint identification sign, and ground monument sign on Lot 3, Forefather Flats Subdivision, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3231 East Mall Drive (Continued from 11/05/07, 12/03/07, 1/22/08, 2/19/08, 3/3/08, 3/17/08, 4/7/08, 5/5/08, 6/2/08, 8/18/08, 11/17/08)

 

61.              No. CC110507-04 - Notice of Appeal from the Requirements of the Rapid City Sign Ordinance, Chapter 15.28 by Rapid Center, LLC for joint identification sign on Lot 3, Starlite Subdivision, and a portion of the SW1/4 of Section 28, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota (Continued from 11/05/07, 12/03/07, 01/22/08, 2/19/08, 3/3/08, 3/17/08, 4/7/08, 5/5/08, 6/2/08, 8/18/08, 11/17/08)

 

62.              No. CC121508-04 - Donald W. Rice, Aggressive Auto (Request to continue to February 2, 2009)

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 63 -81

 

Open Public Hearing (comment) -- Items 63 - 81

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 63 - 65

 

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

 

Continue the following items until February 2, 2009:

 

63.              No. 08PL098 - A request by Dream Design International Inc. for a Preliminary Plat on Lots 29 thru 33 of Block 3 of Homestead Plaza Subdivision, located in the S1/2 NW1/4 and in the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract A of F&N Subdivision, the balance of the E1/2 SW1/4 NW1/4, the balance of the SE1/4 NW1/4, located in the S1/2 NW1/4 and the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Timmons Boulevard, south of Neel Street and west of Big Sky Drive.

 

64.              No. 08PL145 - A request by Sperlich Consulting, Inc. for Ronald Shape for a Preliminary Plat on Lot 13 of Block 6, Lots 2 thru 11 of Block 7, Lots 2 thru 11 of Block 8 of Homestead Subdivision, located in a portion of the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern terminus of Homestead Street and north of Carl Avenue.

 

65.              No. 08SV054 - A request by Sperlich Consulting, Inc. for Joe Muth at Doeck, LLC for a Variance to the Subdivision Regulations to waive the requirement to install water as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1R-2 of Block 3 of Rainbow Ridge Subdivision, located in E1/2 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1R of Block 3 of Rainbow Ridge Subdivision, located in the SE1/4 NE1/4, and a portion of the NE1/4 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest terminus of Bunker Drive.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 63 - 81

 

CONSENT PUBLIC HEARING ITEMS – Item 66 - 72

 

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

 

Growth Management Items

66.         No. 08VR005 - A request by City of Rapid City for a Vacation of Right-of-way on the entire Second Street Right-of-way from the South Street Right-of-way south of the south lot line of Lots 16 thru 18 of Block 5 of Kellogg Addition, and a 60 foot wide portion of the Second Street Right-of-way located on the east side of Block 5 of Flormann Addition, from the south lot line of Lots 16 thru 18 of Block 5 of Kellogg Addition south to 12 foot north of the northeast corner of Tract Y of Flormann Addition located in the S1/2, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of the intersection of Second Street and Signal Drive.

67.              No. 08VR006 - A request by City of Rapid City for a Vacation of Right-of-way on the entire South Street Right-of-way located south of Block 128 of the Original Town of Rapid City and south of the previously vacated portion of Second Street Right-of-way located on the east side of Block 128 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of Third Street and South Street.

 

68.              No. 08VR007 - A request by City of Rapid City for a Vacation of Right-of-way on the remaining portion of Saint James Street right-of-way located between Block 5 and Tract Y of Flormann Addition beginning at the Second Street Right-of-way and extending west a distance of 180 feet located in the NE1/4 SW1/4, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of the intersection of Second Street and St. James Street.

 

Alcohol Licenses

 

69.              James R. Schuh DBA Black Hills Chapter of Germans from Russia Heritage Society, 4500 Jackson Boulevard for a special Beer License for an event scheduled February 21, 2009

 

70.              Carolyn’s Casinos, Inc. DBA Carolyn’s Too, 1141 Deadwood Avenue Suite 2 for a Retail (On-Sale) Malt Beverage License TRANSFER from Carolyn’s Casinos, Inc. DBA Carolyn’s Casino, 512 West Boulevard.

 

71.              Wal-East Development, Inc. DBA Jackpot Casino Too #2, 1415 N. LaCrosse Street #3B for a Retail (On-Sale) Malt Beverage License TRANSFER from High Plains Securities, Inc DBA High Plains Securities, 4030 Cheyenne Boulevard. (Continued to February 2, 2009 pending CUP approval)

 

Retail (On-Sale) Wine License Renewal for 2009

 

72.              Northstar, Inc. DBA Hunan Chinese Restaurant, 1720 Mt. Rushmore Road for a Retail (On-Sale) Wine License

 

Assessment Rolls (None)

 

Other Items Requiring Public Hearings (None)

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 73 - 81

 

73.              No. 08RZ048 – First Reading, Ordinance 5461, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by the City of Rapid City for a Rezoning from No Use District to General Agriculture District on the E1/2 SE1/4, Section 32, and the SW1/4, Section 33, all located in T2N, R8E, BHM; and Government Lot 4 and the SW1/4 NW1/4 and the NW1/4 SW1/4 less Lot A, located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Valley Drive and east of Valley Drive and north of S.D. Highway 44.

 

74.              No. 08RZ049 - First Reading, Ordinance 5462, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Ron Bengs of Advanced Engineering for Ross and Judy Rohde for a Rezoning from General Agricultural District to Light Industrial District on Lot 1 of Lot J except Lot 3 of Lot 1 of Lot J in the SE1/4 NW1/4 and the NE1/4 SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Kennel Drive.

 

75.              No. 08RZ050 - First Reading, Ordinance 5463, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Sperlich Consulting, Inc. for Gary Rasmusson/Walgar Development Corp. for a Rezoning from Office Commercial District to Low Density Residential II District on a portion of Lot 27 of Block 23, Robbinsdale Addition No. 10, and formerly described in zoning document as a portion of Parcel 5 Located in the N1/2 of the SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the southwesterly corner of Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to a point on the northerly edge of the dedicated right-of-way of East Minnesota Street, and common to a point on the easterly edge of the dedicated right-of-way of Wisconsin Avenue, and the Point of Beginning; Thence, first course: northwesterly, along the westerly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the easterly edge of the dedicated right-of-way of said Wisconsin Avenue, curving to the right on a curve with a radius of 236.12 feet, a delta angle of 08 40’18”, an arc length of 35.74 feet, a chord bearing of N33º40’42”W, and a chord distance of 35.70 feet, to a point intersecting the northerly boundary of a previously described Rezone Parcel 5; Thence, second course: N69º52’14”E, along the northerly boundary of said Rezone Parcel 5, a distance of 89.73 feet, to a point of curve; Thence, third course: northeasterly, along the northerly boundary said Rezone Parcel 5, curving to the left on a curve with a radius of 1362.13 feet, a delta angle of 01º29’07”, an arc length of 35.31 feet, a chord bearing of N69º07’40”E, and a chord distance of 35.31 feet, to a point intersecting the easterly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to a point on the westerly boundary of Lot 14 of Block 10 of Robbinsdale Addition No. 10; Thence, fourth course: S25º27’00”E, along the easterly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the westerly boundary of said Lot 14 of Block 10 of Robbinsdale Addition No. 10, a distance of 6.08 feet, to the southeasterly corner of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the southwesterly corner of said Lot 14 of Block 10 of Robbinsdale Addition No. 10; Thence, fifth course: southwesterly, along the northerly edge of the dedicated right-of-way of East Minnesota Street, curving to the left on a curve with a radius of 1343.10 feet, a delta angle of 05º09’18”, an arc length of 120.84 feet, a chord bearing of S55º55’34”W, and a chord distance of 120.80 feet, to the southwesterly corner of Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to a point on the northerly edge of the dedicated right-of-way of East Minnesota Street, and common to a point on the easterly edge of the dedicated right-of-way of Wisconsin Avenue, and the Point of Beginning, located at 4182 Wisconsin Avenue.

 

76.              No. 08RZ051 - First Reading, Ordinance 5464, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Sperlich Consulting, Inc. for Gary Rasmusson/Walgar Development Corp. for a Rezoning from Low Density Residential District to Low Density Residential II District on a portion of Lot 27 of Block 23, Robbinsdale Addition No. 10, Located in the N1/2 of the SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the southwesterly corner of Lot 1 of Block 23 of Robbinsdale Addition No. 10, and common to a point on the easterly edge of the dedicated right-of-way of Wisconsin Avenue; Thence, N70º21’03”E, along the northerly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the southerly boundary of said Lot 1 of Block 23 of Robbinsdale Addition No. 10, a distance of 13.55 feet, to a point intersecting the easterly boundary of  a previously described Rezone Parcel 4, and the Point of Beginning; Thence, first course: N70º21’03”E, along the northerly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the southerly boundary of said Lot 1 of Block 23 of Robbinsdale Addition No. 10, a distance of 59.91 feet, to a point intersecting the westerly boundary of  a previously described Rezone Parcel 7; Thence, second course:  S18º38’33”E, along the westerly boundary of said Rezone Parcel 7, a distance of 1.69 feet, to a point intersecting the northerly boundary of a previously described Rezone Parcel A; Thence, third course: S69º52’14”W, along the northerly boundary of said Rezone Parcel A, a distance of 59.92 feet, to a point intersecting the easterly boundary of  said Rezone Parcel 4; Thence, fourth course: N18º38’33”W, along the easterly boundary of  said Rezone Parcel 4, a distance of 2.20 feet,  to a point intersecting the northerly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the southerly boundary of said Lot 1 of Block 23 of Robbinsdale Addition No. 10, and the Point of Beginning, located at 4182 Wisconsin Avenue.

 

77.              No. 08RZ052 - First Reading, Ordinance 5465, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Sperlich Consulting, Inc. for Gary Rasmusson/Walgar Development Corp. for a Rezoning from Low Density Residential District to Low Density Residential II District on a portion of Lot 27 of Block 23, Robbinsdale Addition No. 10, Located in the N1/2 of the SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northeasterly corner of Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to a point on the westerly boundary of Lot 14 of Block 23 of Robbinsdale Addition No. 10, Thence, S25º27’00”E, along the easterly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the westerly boundary of Lot 14 of Block 23 of Robbinsdale Addition No. 10, a distance of 3.82 feet, to a point intersecting  the southerly boundary of a previously described Rezone Parcel 7, and the Point of Beginning; Thence, first course: S25º27’00”E, along the easterly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the westerly boundary of said Lot 14 of Block 10 of Robbinsdale Addition No. 10, a distance of 80.18 feet, to a point intersecting the northerly boundary of a previously described Rezone Parcel 5; Thence, second course: southwesterly, along the northerly boundary said Rezone Parcel 5, curving to the right on a curve with a radius of 1362.13 feet, a delta angle of 01º29’07”, an arc length of 35.31 feet, a chord bearing of S69º07’40”W, and a chord distance of 35.31 feet, to a point of tangency; Thence, third course:  S69º52’14”W, along the northerly boundary of said Rezone Parcel 5, a distance of 89.73 feet, to a point intersecting the westerly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to a point on the easterly edge of the dedicated right-of-way of Wisconsin Avenue; Thence, fourth course: northwesterly, along the westerly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the easterly edge of the dedicated right-of-way of said Wisconsin Avenue, curving to the right on a curve with a radius of 236.12 feet, a delta angle of 00º42’23”, an arc length of 2.91 feet, a chord bearing of N28º59’21”W, and a chord distance of 2.91 feet, to a point intersecting the southerly boundary of a previously described Rezone Parcel A; Thence, fifth course: N69º52’14”E, along the southerly boundary of said Rezone Parcel A, a distance of 47.89 feet, to the southeasterly corner of said Rezone Parcel A; Thence, sixth course: N00º17’26”E, along the easterly boundary of said Rezone Parcel A, a distance of 82.29 feet, to a point intersecting the southerly boundary of a previously described Rezone Parcel 7; Thence, seventh course: N69º27’42”E, along the southerly boundary of said Rezone Parcel 7, a distance of 41.45 feet, to a point intersecting the easterly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the westerly boundary of said Lot 14 of Block 23 of Robbinsdale Addition No. 10., and the Point of Beginning, located at 4182 Wisconsin Avenue.

 

78.              No. 08RZ053 - First Reading, Ordinance 5466, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Sperlich Consulting, Inc. for Gary Rasmusson/Walgar Development Corp. for a Rezoning from Office Commercial District to Low Density Residential II District on a portion of Lot 27 of Block 23, Robbinsdale Addition No. 10, and formerly described in zoning document as a portion of Parcel 4, and formerly described in zoning document as a portion of Parcel A, located in the NW1/4 of the SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the southwesterly corner of Lot 1 of Block 23 of Robbinsdale Addition No. 10, and common to a point on the easterly edge of the dedicated right-of-way of Wisconsin Avenue, and the Point of Beginning; Thence, first course: N70º21’03”E, along the northerly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the southerly boundary of said Lot 1 of Block 23 of Robbinsdale Addition No. 10, a distance of 13.55 feet, to a point intersecting the easterly boundary of  a previously described Rezone Parcel 4; Thence, second course:  S18º38’33”E, along the easterly boundary of said Rezone Parcel 4, a distance of 2.20 feet, to a point intersecting the northerly boundary of a previously described Rezone Parcel A; Thence, third course: N69º52’14”E, along the northerly boundary of said Rezone Parcel A, a distance of 66.39 feet, to the northeasterly corner of said Parcel A; Thence, fourth course: S00º17’26”W, along the easterly boundary of said Parcel A, a distance of 85.27 feet, to the southeasterly corner of said Parcel A; Thence, fifth course:  S69º52’14”W, along the southerly boundary of said Parcel A, a distance of 47.89 feet, to a point on the westerly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to a point on the easterly edge of the dedicated right-of-way of  said Wisconsin Avenue; Thence, sixth course: northwesterly, along the westerly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the easterly edge of the dedicated right-of-way of said Wisconsin Avenue, curving to the right on a curve with a radius of 236.12 feet, a delta angle of 08º57’01”, an arc length of 36.88 feet, a chord bearing of N24º09’39”W, and a chord distance of 36.85 feet, to a point of tangent on the westerly boundary of Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to a point of tangent on the easterly edge of the dedicated right-of-way of Wisconsin Avenue; Thence, seventh course: N19º41’41”W, along the westerly boundary of Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the easterly edge of the dedicated right-of-way of said Wisconsin Avenue, a distance of 40.47 feet, to a point intersecting the northerly boundary of a previously described Rezone Parcel 4; Thence, eighth course: N19º41’41”W, along the westerly boundary of Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the easterly edge of the dedicated right-of-way of said Wisconsin Avenue, a distance of 2.69 feet, to a point intersecting the northerly boundary of a previously described Rezone Parcel A; Thence, ninth course: N19º41’41”W, along the westerly boundary of said Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the easterly edge of the dedicated right-of-way of said Wisconsin Avenue, a distance of 2.31 feet, to the northwesterly corner of Lot 27 of Block 23 of Robbinsdale Addition No. 10, common to the southwesterly corner of Lot 1 of Block 23 of Robbinsdale Addition No. 10, and common to a point on the easterly edge of the dedicated right-of-way of Wisconsin Avenue, and the Point of Beginning, located at 4182 Wisconsin Avenue.

 

79.              No. 08RZ054 - First Reading, Ordinance 5467, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by the City of Rapid City for a Rezoning from No Use District to Low Density Residential District on Lot A of the SE1/4 NW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Copperfield Subdivision, east of Valley Drive and west of Elk Vale Road.

 

80.              No. 08RZ055 - First Reading, Ordinance 5468, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by the City of Rapid City for a Rezoning from General Agriculture District to General Commercial District on Lot 1 of Wally Byam Addition, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of South Dakota Highway 44 and Elk Vale Road.

 

81.              No. 08RZ056 - First Reading, Ordinance 5469, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by the City of Rapid City for a Rezoning from No Use District to General Commercial District on the unplatted portion of the N1/2 N1/2 N1/2 N1/2 N1/2 W1/2 SW1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Sammis Trail and east of U.S. Highway 16.

 

BILLS

 

82.              No. CC012009-01 – Bill List for January 20, 2009

 

EXECUTIVE SESSION permitted by SDCL 1-25-2

 

STAFF DIRECTION

 

ADJOURN