ADA Compliance: The City of Rapid City fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Finance Office 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.

Please remember to turn all cellular phones off or to vibrate when entering the council chambers.

 

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

7:00 P.M., April 20, 2009

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for April 6, 2009

 

AWARDS AND RECOGNITIONS

 

1.                  Veteran of the Month

 

2.                  Employee Awards

 

3.                  Presentation by the City of Box Elder to Police Officer Jason Everson

 

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 4 - 91

 

Public Comment opened – Items 4 - 49

Public Comment closed

 

CONSENT ITEMS – Items 4 – 49

 

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

 

Vacations of Right-Of-Way Set for Hearing (None)

 

Alcoholic Beverage License Applications Set for Hearing (May 4, 2009)

 

4.                  Rapid City Library Foundation for a Special Event Beer and Wine License for and event scheduled May 8, 2009 at the Rapid City Public Library, 610 Quincy Street

 

5.                  Sports Saloon Inc. DBA Sports Buzz Family Food N Fun, Mt. Rushmore Road for a Retail (on-off sale) Wine License

 

6.                  Sports Saloon Inc. DBA Sports Buzz Family Food N Fun, Mt. Rushmore Road for a 2009 - 2010 Retail (on-off sale) Malt Beverage License, No Video Lottery

2009 – 2010 Retail (on-off sale) Malt Beverage License Renewals

 

7.                  City of Rapid City, Rushmore Plaza Civic Center, 444 N. Mt. Rushmore Rd. for a Retail (on-off sale) Malt Beverage License, No Video Lottery

 

8.                  SMJ Ventures LLC DBA Oma’s Cafe and Bakery, 1118 E. North Street for a Retail (on-off sale) Malt Beverage License, No Video Lottery

 

9.                  Leading Edge Management LLC DBA Buffalo Wings and Rings, 5622 Sheridan Lake Rd. for a Retail (on-off sale) Malt Beverage License, No Video Lottery

 

Public Works Committee Consent Items

 

10.              No. PW041409-01 – Approve $174,000.00 in additional funding for the Jolly Lane Lift Station Upgrade - (.16 Utility Fund Oversight Committee). 

 

11.              No. PW041409-02 – Approve Change Order No. 1F for Meadowbrook Drive Reconstruction, Project No. St08-1708 / CIP No. 50338, to Highmark, Inc. for an increase of $606.20. 

 

12.              Approve PW041409-03 and PW041409-04.  No. PW041409-03 – Change Order No. 3F for East Highway 44 Utilities Reconstruction, Project No. SSW05-1469 / CIP No. 50479, to Heavy Constructors, Inc. for a decrease of $1,620.76.  No. PW041409-04 – Change Order Number 2 for Elk Vale Low Level Reservoir, Project No. W07-1638/CIP No. 50321, to Natgun Corporation, for an increase of $2,110.22. 

 

13.              No. PW041409-05 – Authorize Staff to Advertise for Bids for ADA Compliance Project, Project No. ADA09-1781.  Estimated cost of project:  $50,000.00. 

 

14.              No. PW041409-06 – Authorize Mayor & Finance Officer to Sign Agreement between the City of Rapid City and Sperlich Consulting, Inc. for the Robbinsdale Reconstruction Project Phase I & II, Project No. SSW06-1494 / CIP No. 50134, in the amount not to exceed $449,750.00. 

 

15.              No. PW041409-07 – Authorize Mayor & Finance Officer to Sign Agreement between the City of Rapid City and HDR Engineering, Inc. for the Solid Waste Management Plan, Project No. SWO09-1778 / CIP No. 50749, in the amount of $178,000.00. 

 

16.              No. PW041409-08 – Authorize Mayor & Finance Officer to Sign Agreement between the City of Rapid City and Burns & McDonnell Engineering Co., Inc. for the Water Reclamation Facility Digester Control Building Improvements, Project No. WRF09-1783 / CIP No. 50581, in the amount of $98,878.00.

 

17.              No. PW041409-09 – Authorize Mayor & Finance Officer to Sign Agreement between the City of Rapid City and Kadrmas, Lee & Jackson, Inc. for the East Boulevard and East North Street Reconstruction, Project No. ST08-1511 / CIP No. 50142, in the amount of $1,794,247.00. 

 

18.              No. PW041409-10 – Authorize Mayor & Finance Officer to Sign Agreement between the City of Rapid City and SD Department of Game, Fish & Parks for the Construction, Maintenance and Operation of a Bypass Structure at Canyon Lake within the City of Rapid City, in an amount not to exceed $390,250, which is 50 percent of the total construction cost. 

 

19.              No. PW041409-11 – Authorize Staff to solicit proposals for Solid Waste Reuse Center. 

 

20.              Approve 09TP007, 09TP008, 09TP009, 09TP010, 09TP011, 09TP012, and 09TP013.  09TP007 - 2009-2013 Transportation Improvement Program Amendment No. 09-007.  09TP008 - 2009-2013 Transportation Improvement Program Amendment No. 09-008.  09TP009 - 2009-2013 Transportation Improvement Program Amendment No. 09-009.  09TP010 - 2009-2013 Transportation Improvement Program Amendment No. 09-010.  09TP011 - 2009-2013 Transportation Improvement Program Amendment No. 09-011.  09TP012 - 2009-2013 Transportation Improvement Program Amendment No. 09-012.  09TP013 - 2009-2013 Transportation Improvement Program Amendment No. 09-013. 

 

Legal & Finance Committee Consent Items

 

21.              Approve sending the request from Bob Knecht to require public access to restrooms to the Plumbing Board for consideration and recommendation.

 

22.              No. LF041509-01 – Confirm appointment of Alan Van Bochove and Jim Mullenberg to the City Electrical Board.

 

23.              No. LF041509-25 – Confirm appointment of Patricia Pummel to the Beautification Committee.  

 

24.              Acknowledge the Mayor’s report on setting the working session on the parking ordinance for April 28, 2009, at 5:30 p.m. 

 

25.              No. LF040109-02 – Request the City Attorney’s office draft a formal policy for adoption regarding Council members serving on boards within the City of Rapid City and bring it to the April 29, 2009, Legal and Finance Committee meeting.

 

26.              No. LF041509-02 – Acknowledge Capital Improvements Program Committee Monthly Update for March 2009.   

 

27.              Approve taking $12,000 from the Sports Facility Grant Program to fund the ADA upgrades at Robbinsdale Park.

 

28.              No. LF041509-03 – Approve the Parks and Recreation CIP Five Year Plan.

 

29.              No. LF041509-04 – Approve the Affordable Housing Capital Improvements funding increase for a total of $2,840 for sidewalk installation at 146 Patton Street.

 

30.              Acknowledge the report and acknowledge Martinson’s intent to take the discussion regarding ADA compliant automatic doors to the Mayor’s Committee on Disabilities. 

 

31.              Acknowledge report by LaCroix regarding historical trauma workshop to be held in Rapid City on Saturday, April 18th. 

 

32.              No. LF041509-06 – Approve Event Permit for Wellspring, Inc. for Fourth Annual Stampede 10k Walk/Run to be held on April 26, 2009, beginning at 8:00 a.m. 

 

33.              No. LF041509-26 – Acknowledge donation from Dr. Robert Looyenga with a big thank you. 

 

34.              No. LF041509-07 – Authorize staff to donate surplused 1999 Ford E3 ambulance to Western Dakota Tech Fire Science Program. 

 

35.              No. LF041509-27 – Authorize Mayor and Finance Officer to sign Agreement between Melrose North Pyrotechnics, Inc. and the City of Rapid City for 2009 Fireworks Display and Addendum to Agreement. 

 

36.              No. LF041509-08 – Approve Travel Request for Cameron Humphres, Jennifer Eckman, and Jerry Mitchell to attend AAAE Conference in Philadelphia, PA, June 13-18, 2009, in the approximate amount of $8,022.45. 

 

37.              No. LF041509-09 – Approve Travel Request for Cameron Humphres to attend Marketing and Communications Conference and Jumpstart in Montreal, Canada, May 30 – June 4, 2009, in the approximate amount of $3,626.30.

 

38.              No. 09TP014 – Authorize Mayor and Finance Officer to sign a No Cost, Time Extension with Kadrmas Lee & Jackson to December 31, 2009 for the Mount Rushmore Road Central Corridor Analysis.   

 

39.              Acknowledge the following volunteers for Workmen’s Compensation Purposes:  Zachary Larson and Moses Muci. 

 

40.              Acknowledge update on reimbursement for lease of 80 acres of cropland along Elk Vale Drive.   

 

41.              No. LF041509-10 – Approve Resolution (No. 2009-047) Declaring Property Surplus. 

 

42.              No. LF041509-12 – Approve Resolution (No. 2009-053) to Amend the Temporary Pay Matrix. 

 

43.              No. LF041509-14 – Approve Resolution (No. 2009-051) to Amend the Contract between the AFSCME Library and the City of Rapid City by Establishing the Position of Library Associate II to the AFSCME-Library Pay Scale.

 

44.              No. LF041509-15 – Approve proposed changes to the Land Information Systems Task Force bylaws. 

 

45.              No. LF041509-16 – Approve Travel Request for David Van Cleave and Bob Druckrey to attend WEFTEC Conference in Orlando, FL, October 9-15, 2009, in the approximate amount of $4,980.01.   

 

46.              No. LF041509-05 – Approve Identity Theft Prevention Program. 

 

47.              No. LF041509-22 – Direct the City Attorney’s Office to list Lot 1 of Wally Byam Addition for sale at the value established by the freeholders.

 

48.              No. LF041509-23 – Acknowledge raffle request for Pennington County Republican Party. 

 

49.              No. LF041509-24 – Approve property tax abatement for Green Tree Servicing for 2007 in the amount of 923.64; Janice E. Richardson for 2007 in the amount of $180.50; and Patricia L. Wells for 2008 in the amount of $130.22. 

 

Growth Management Department Consent Items (None)

 

END OF CONSENT CALENDAR

 

NON-CONSENT ITEMS – Items 50 - 91

 

Public Comment opened – Items 50 – 91

Public Comment closed

 

Ordinances

 

50.              No. 09RZ020 – First Reading, Ordinance 5510, An Ordinance Amending Section 17.06 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 of Lots 4 and 5 of Hillsview Subdivision and the 75 foot wide S.D. Highway 44 right-of-way lying adjacent to and south of Lot 5 of the Hillsview Subdivision, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Valley Drive and north of S.D. Highway 44.

 

51.              No. 09RZ021 – First Reading, Ordinance 5511, An Ordinance Amending Section 17.06 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 of Lot 15 Revised less the north 350 feet and Lot 17 all of Hillsview Subdivision and the north 75 feet of the S.D. Highway 44 right-of-way lying adjacent and south of Lot 17 and Lot 15 Revised of Hillsview Subdivision all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Valley Drive and north of S.D. Highway 44.

 

52.              No. 09RZ022 – First Reading, Ordinance 5512, An Ordinance Amending Section 17.06 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 Low Density Residential District of the north 350 feet of Lot 15 Revised of Hillsview Subdivision and the south 293 feet of Lot 6 of Marshall Subdivision, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Valley Drive and north of S.D. Highway 44.

 

53.              No. 09RZ023 – First Reading, Ordinance 5513, An Ordinance Amending Section 17.06 of the Rapid City Municipal Code, Rezoning the within described property as requested by Dream Design International, Inc. for a Rezoning from Medium Density Residential District to Office Commercial District of Lots 31 and 32 of Block 19 of South Boulevard Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 336 Meade Street.

 

54.              No. LF040109-24 – First Reading, Ordinance No. 5501 to Prohibit the Feeding of Wildlife and Waterfowl in the City of Rapid City by Establishing Chapter 6.16 of the Rapid City Municipal Code.      

 

55.              No. LF041509-17 – First Reading, Ordinance No. 5506 to Increase the Penalty for Insufficient Funds and No Account Checks Delivered to the City of Rapid City by Amending Section 9.04.010 of the Rapid City Municipal Code. 

 

56.              No. LF041509-18 – First Reading, Ordinance No. 5507 to Clarify the Authority of the Rapid City Police Department to Operate Vehicles in Carrying out Its Official Duties by Amending Chapter 2.20 of the Rapid City Municipal Code. 

 

57.              No. 09OA001 – Second Reading, Ordinance No. 5502 Amending the Procedures for Authorization of Conditional Use Permits by Amending Section 17.54.030.A.1 of the Rapid City Municipal Code.

 

58.              No. LF040109-14 – Second Reading, Ordinance No. 5499 Regarding Supplemental Appropriation No. 3 for 2009.

 

59.              No. LF040109-22 – Second Reading, Ordinance No. 5498 to Revise the Terms and Conditions for City Participation in the Cost of Bringing Private Nonconforming Water and Sewer Service Lines up to Current Standards by Amending Sections 13.06.010 and 13.06.020 of the Rapid City Municipal Code. 

 

60.              No. LF040109-23 – Second Reading, Ordinance No. 5500 to Modify the Structure of the Department of Parks and Recreation by Revising Chapter 2.89 of the Rapid City Municipal Code and Repealing Chapters 2.86 and 2.90. 

 

Growth Management Department Items

 

61.              No. 09EX023 – Approve Waiving the Requirement to Install Sidewalks along Elk Vale Road with the requirement that prior to Council approval, waiver of right to protest assessment has been submitted.  (Continued from 3/16/2009 and 4/6/2009)

 

62.              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.

 

63.              No. 08PL099 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 28 of Block 3; Tracts A, B, C and D of Block 4 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. 08PL116 - A request by Sperlich Consulting, Inc. for Zandstra Real Estate Holdings for a Preliminary Plat on Lots 8 thru 12 of Block 8, Lots 5 thru 9 of Block 9, Lots 17 thru 23 of Block 10, Lots 4 thru 18 of Block 11 and Lots 1 thru 10 of Block 13 of Elks Country Estates, located in a portion of Tract 1 of the E1/2, Section 16, T1N, R8E, BHM, located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1 of the E1/2, Section 16, T1N, R8E, BHM, located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the north and south sides of the intersection of Jolly Lane and Padre Drive and adjacent to Forest Oaks Court.

 

65.              No. 08PL131 - A request by FourFront Design, Inc. for Rapid City Economic Development Foundation for a Preliminary Plat on Lot 1R and Lot 2 of Block 3 of Rushmore Business Park, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 3 and a portion of Government Lot 2, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at the NΌ Corner of Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South Dakota; Thence S00Ί06’56”W along the Center 1/4 line of said Section 4 a distance of 124.10 feet to a point on the South Right-of-Way of East Anamosa Street, Thence N89Ί56’23”E along said South Right-of-Way of East Anamosa Street a distance of 142.23 feet to a point along said Right-of-Way to the point of beginning: Thence N89Ί57’20”E along said South Right-of-Way of East Anamosa Street a distance of 285.56 feet to the intersection of the South Right-of-Way of East Anamosa Street and the West Right-of-Way of Concourse Drive; thence S00Ί11’20”W along the West Right-of-Way of Concourse Drive a distance of 129.00 feet; thence continuing along the West Right-of-Way of Concourse Drive along a curve to the LEFT, having a radius of 562.00 feet, a delta angle of 13Ί19’37” and whose long chord bears S06Ί43’28”E a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse Drive S13Ί38’17”E a distance of 668.79 feet; thence S76Ί22’04”W a distance of 265.23 feet; thence N13Ί37’01”W a distance of 439.18 feet; thence S76Ί22’37”W a distance of 60.35 feet; thence N13Ί37’23”W a distance 302.02 feet; thence N77Ί53’25”E a distance of 57.99 feet; thence N05Ί25’18”W a distance of 258.44 feet to the point of beginning, located at 333 Concourse Drive.

 

66.              No. 08PL143 - A request by Sperlich Consulting, Inc. for Joe Muth at Doeck, LLC for a Preliminary Plat 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.

 

67.              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.

 

68.              No. 08PL176 - A request by Renner & Associates for Pete Lien and Sons for a Preliminary Plat on Lots 1 and 2 of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota, legally described as Lots A and B of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota, located at the Black Hills Dog Track adjacent to the west side of Sturgis Road and south of the intersection of Universal Drive and Sturgis Road.

 

69.              No. 09PL003 - A request by Dream Design International, Inc. for a Preliminary Plat on Lot 1 of Block 2 of Hilltop Business Park Subdivision, formerly a portion of the SE1/4 of the NE1/4, located in the SE1/4 of the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 of the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Homestead Street and Elk Vale Road.

 

70.              No. 09PL004 - A request by D.C. Scott Co. Land Surveyors for Herbert Jones for a Preliminary Plat on Lots 11AR of Block 7 of Eastern Acres Subdivision, located in the SW1/4 NW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 11A and the east 20 feet of Lot 11 of Block 7 of Eastern Acres Subdivision, located in the SW1/4 NW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located at 5581 Corbin Drive.

 

71.              No. 09PL008 - A request by Matt Benne for Angie Charlson for a Preliminary Plat on Lots A, B, C and D of Lot 4R of Block 15 of Canyon Lake Heights Subdivision, located in the SE1/4 SE1/4, Section 8 and the SW1/4 SW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 4R in Block 15 of Canyon Lake Heights Subdivision, as shown in the plat filed in Plat Book 28, Page 87 and as corrected by Affidavit recorded December 17, 1997 in Book 69, Page 9640, located in the SE1/4 SE1/4, Section 8 and the SW1/4 SW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4560 Cliff Drive. (Continued from April 6, 2009)

 

72.              No. 09PL014 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1, 2 and 3 of Tract 3 of Discovery Subdivision of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 3 of Discovery Subdivision located in the NE1/4 of the SE1/4 and in the SE1/4 of the NE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1851 Discovery Circle.

 

73.              No. 09PL015 - A request by Sperlich Consulting, Inc. for Tim Engesser for a Layout Plat on Lots 1R, 2R and Lots 3 thru 6 of Engesser Subdivision, located in the E1/2 SE1/4 of Section 24, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lots 1 and 2 of Engesser Subdivision, located in the E1/2 SE1/4 of Section 24, T1N, R8E, BHM, Pennington County, South Dakota, located southwest of the intersection of Dunn Road and Radar Hill Road.

 

Legal & Finance Committee Items

 

74.              No. LF102908-20 – Status of the Rushmont Project and Staff Recommendation for TIF No. 62 (Continued from 2/2/2009 and 4/6/2009 City Council Meeting.)

 

75.              Identify funding source for automated external defibrillators for the Rapid City Police Department patrol units. 

 

76.              Authorize staff to start Forensic Chemist at a higher step.

 

77.              No. LF041509-13 – Resolution (No. 2009-052) to Amend the City of Rapid City Compensation Plan to Change the Classification of the Forensic Examiner Position from Exempt to Non-Exempt

 

78.              No. LF041509-19 – Authorize Mayor and Finance Officer to sign Release of Agreement with Midland Rushmore, LLC Regarding Payment of the Proportionate Share of Lift Station Upgrade Costs.   

 

79.              No. LF041509-20 – Authorize Mayor and Finance Officer to sign Release of Agreement with Midland Rushmore, LLC Regarding Construction of Off-Site Improvements at the Intersection of LaCrosse Street and Rapp Street. 

 

80.              No. LF041509-21 – Authorize Mayor and Finance Officer to sign Release of Agreement with By-Pass Development, LLC Regarding Improvements to North Elk Vale Road.   

 

Public Works Committee Items

 

81.              No. 09EX034 – Appeal of denial for an exception to allow driveway spacing less than 35 foot, Lots 27-32 & south 50’ of Lots 1-4 Green Acres Addition - PIN 2034361008, 2034361011.

 

82.              No. 09EX035 – Appeal of denial for an exception to allow a driveway width greater than 28 feet, Lots 27-32 & south 50’ of Lots 1-4 Green Acres Addition - PIN 2034361011. 

 

83.              No. 09EX036 - Appeal of denial for an exception to allow property to take access of the higher order street Lots 27-32 & south 50’ of Lots 1-4 Green Acres Addition - PIN 2034361011. 

 

84.              No. 09EX037 – Appeal of denial for an exception to allow approach corner clearance Lots 27-32 & south 50’ of Lots 1-4 Green Acres Addition - PIN 2034361011. 

 

85.              No. 09EX038 - Appeal of denial for an exception to allow less than required sight distance for approaches Lots 27-32 & south 50’ of Lots 1-4 Green Acres Addition - PIN 2034361011. 

 

Bids

 

86.              No. CC042009-02.1 – Flormann Street Down Spout Project DR08-1754 / CIP No. 50743 (Opened on April 14, 2009)

 

87.              No. CC0042009-02.2 – 44th Street Reconstruction Phase I Project No. ST05-1435 / CIP No. 50365 (Opened on April 14, 2009)

 

88.              No. CC0042009-02.3 – Sixth Street Water Main Franklin Street to St. Charles Street Project No. W08-1742 / CIP No. 50738 (Opened on April 14, 2009)

 

89.              No. CC0042009-02.4 – Limestone Gravel (Opened on April 14, 2009)

 

90.              No. CC0042009-02.5 – Ready Mixed Concrete (Opened on April 14, 2009)

 

91.              No. CC0042009-02.6 – Hot Mixed Asphaltic Concrete (Opened on April 14, 2009)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

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 92 – 107

 

Open Public Hearing (comment) -- Items 92 - 107

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 92 – 97

 

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

 

Continue the following items until May 4, 2009:

 

92.              No. 08SV047 - A request by FourFront Design, Inc. for Rapid City Economic Development Foundation for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along East Anamosa Street and to waive the requirement to install sidewalk on Concourse Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1R and Lot 2 of Block 3 of Rushmore Business Park, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 3 and a portion of Government Lot 2, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at the NΌ Corner of Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South Dakota; Thence S00Ί06’56”W along the Center 1/4 line of said Section 4 a distance of 124.10 feet to a point on the South Right-of-Way of East Anamosa Street, Thence N89Ί56’23”E along said South Right-of-Way of East Anamosa Street a distance of 142.23 feet to a point along said Right-of-Way to the point of beginning: Thence N89Ί57’20”E along said South Right-of-Way of East Anamosa Street a distance of 285.56 feet to the intersection of the South Right-of-Way of East Anamosa Street and the West Right-of-Way of Concourse Drive; thence S00Ί11’20”W along the West Right-of-Way of Concourse Drive a distance of 129.00 feet; thence continuing along the West Right-of-Way of Concourse Drive along a curve to the LEFT, having a radius of 562.00 feet, a delta angle of 13Ί19’37” and whose long chord bears S06Ί43’28”E a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse Drive S13Ί38’17”E a distance of 668.79 feet; thence S76Ί22’04”W a distance of 265.23 feet; thence N13Ί37’01”W a distance of 439.18 feet; thence S76Ί22’37”W a distance of 60.35 feet; thence N13Ί37’23”W a distance 302.02 feet; thence N77Ί53’25”E a distance of 57.99 feet; thence N05Ί25’18”W a distance of 258.44 feet to the point of beginning, located at 333 Concourse Drive.

 

93.              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.

 

94.              No. 09SV004 - A request by D.C. Scott Co. Land Surveyors for Herbert Jones for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit and additional pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 11AR of Block 7 of Eastern Acres Subdivision, located in the SW1/4 NW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 11A and the east 20 feet of Lot 11 of Block 7 of Eastern Acres Subdivision, located in the SW1/4 NW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located at 5581 Corbin Drive.

 

95.              No. 09SV007 - A request by Matt Benne for Angie Charlson for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Cliff Drive and to reduce the pavement width from 27 feet to 20 feet and 18 feet along Cliff Drive; to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along the 30 foot wide private roadway easement, to reduce the pavement width from 20 feet to 12 feet along the 30 foot wide private roadway easement and to reduce the width of the private roadway easement from 45 feet to 30 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lots A, B, C and D of Lot 4R of Block 15 of Canyon Lake Heights Subdivision, located in the SE1/4 SE1/4, Section 8 and the SW1/4 SW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 4R in Block 15 of Canyon Lake Heights Subdivision, as shown in the plat filed in Plat Book 28, Page 87 and as corrected by Affidavit recorded December 17, 1997 in Book 69, Page 9640, located in the SE1/4 SE1/4, Section 8 and the SW1/4 SW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4560 Cliff Drive. 

 

96.              No. 09SV009 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install water and sewer along Elk Vale Road and Interstate 90 as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1, 2 and 3 of Tract 3 of Discovery Subdivision of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 3 of Discovery Subdivision located in the NE1/4 of the SE1/4 and in the SE1/4 of the NE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1851 Discovery Circle.

 

Continue the following items until May 18, 2009:

 

97.              No. 09SV002 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install water and sewer along Elk Vale Road as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Block 2 of Hilltop Business Park Subdivision, formerly a portion of the SE1/4 of the NE1/4, located in the SE1/4 of the NE1/4, Section 4, t1n, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 of the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Homestead Street and Elk Vale Road.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) – Items 92 – 107

 

CONSENT PUBLIC HEARING ITEMS – Item 98 - 102

 

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

 

Growth Management Items (None)

 

Alcohol Licenses

 

98.              Dahl Arts Center for a Special Event Beer and Wine License for events scheduled 4/19/2009, 5/1/2009, 5/2/2009 and 5/4/2009 at the Art Museum at the Dahl, 713 7th Street

 

99.              Rapid City Arts Council, Inc. DBA Dahl Arts Center, 713 7th Street for a Retail (on-off sale) Malt Beverage License, No Video Lottery (Continue to May 4, 2009 City Council Meeting Pending Conditional Use Permit)

 

100.          Rapid City Arts Council, Inc. DBA Dahl Arts Center, 713 7th Street for a Retail (on-off sale) Wine License  (Continue to May 4, 2009 City Council Meeting Pending Conditional Use Permit)

 

101.          Rapid City Downtown Association DBA Summer Nights for events scheduled 6/11/2009, 6/18/2009, 6/25/2009, 7/2/2009, 7/9/2009, 7/16/2009, 7/23/2009, 7/30/2009, 8/6/2009, 8/13/2009, 8/20/2009, 8/27/2009 and 9/3/2009 on 6th and 7th Streets between Main and St. Joseph Streets

 

102.          Sodak Mex I, Inc DBA On The Border, 1331 E. North Street for Sunday Opening with approved Retail (on-sale) Liquor License

 

Assessment Rolls (None)

 

Other Items Requiring Public Hearings (None)

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 103 - 107

 

103.          No. 09SE002 – Approve a Request by James L. Scull, Jr. for a Special Exception to the Flood Area Construction Regulations to allow temporary structures in the floodway and removal of the structures the next day after the event on Tract 1 of Rapid City Greenway Tract located in Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of the intersection of Chapel Lane and Shore Drive.    

 

104.          No. 09FV002 - Approve an Exception Request by the City of Rapid City to for a Fence Height Exception to allow a ten foot high fence in a Public District on Lot 2 less Lot H1, Lot H2, Lot H3 and right-of-way of Block 10 of Robbinsdale Addition No. 10, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4415 Parkview Drive. 

 

105.          No. 09RZ017 – Second Reading, Ordinance 5503, 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 on the west 100 feet of the Lot 14 of Hillsview Subdivision and the 75 foot wide S.D. Highway 44 right-of-way lying adjacent and south of the west 100 feet of Lot 14 of Hillsview Subdivision, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of  Valley Drive and north of S.D. Highway 44.

 

106.          No. 09RZ018 – Second Reading, Ordinance 5504, Second Reading, Ordinance 5503, 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 on Lot 7 of E1/2 SE1/4, and the 75 foot wide East Highway 44 Right-of-way located south of Lot 7 of the E1/2 SE1/4, and the 33 foot wide Valley Drive Right-of-way located east of Lot 14 less the west 100 feet of Hillsview Subdivision, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1585 Valley Drive.

 

107.          No. 09RZ019 – Second Reading, Ordinance 5505, Second Reading, Ordinance 5503, 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 Light Industrial District on Lot 5 of the E1/2 SE1/4, and the 75 foot wide East Highway 44 Right-of-way located north of Lot 5 of the E1/2 SE1/4, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2613 East Highway 44.

 

BILLS

 

108.          No. CC042009-01 – Bill List for April 20, 2009

 

EXECUTIVE SESSION permitted by SDCL 1-25-2

 

STAFF DIRECTION

 

ADJOURN