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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.
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remember to turn all cellular phones off or to vibrate when entering the council
chambers.
AGENDA FOR THE CITY COUNCIL
ROLL CALL AND DETERMINATION
OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
APPROVE MINUTES for
AWARDS
1.
24/7
Program
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.
2.
Library
Board Update
NON-PUBLIC HEARING
ITEMS – Items
3 - 134
Public Comment opened – Items 3 – 99
Public Comment closed
CONSENT ITEMS – Items 3 – 99
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
(
3.
Dadah
Kids Corp. DBA Pauly’s Pizzeria and Sub Company,
4.
Late
Harvest Inc. DBA Tally’s Silver Spoon, 530 6th St, for a 2009 - 2010
Retail (on-off sale) Malt Beverage License, NO Video Lottery
5.
6.
Rapid
City Downtown Association for a Special Event Beer License for events scheduled
7.
Wyngard
Pot-O-Gold Casino Inc. DBA Lucky D’s Casino II,
2009 – 2010 Retail (on-off sale) Malt
Beverage License Renewals
8.
Deadwood
Outfitter Inc. DBA Deadwood Outfitter,
9.
Hungry’s
Restaurant Inc. DBA Marlin’s Roadhouse Grill/
10.
Lost
Espinos LLC DBA Lacosta Mexican Restaurant,
11.
Museum
12.
Black
Hills Food Services, Inc DBA Fuddruckers,
13.
Li
Zhu Zhu DBA Hong Kong Buffet, 927 E. North St., for a Retail (on-off sale) Malt
Beverage License, NO Video Lottery
14.
15.
16.
Jim
Berger and Rhonda Berger DBA Ichiban,
17.
Dan
Trieu Ly DBA Golden Fortune,
18.
Cortez
LLC DBA Alex Johnson Hotel,
19.
Wal-East
Development Inc. DBA Jackpot Casino East, 2708 E Hwy 44, for a Retail (on-off
sale) Malt Beverage License, WITH Video Lottery
20.
Wal-East
Development Inc. DBA Jackpot Casino,
21.
Wal-East
Development Inc. DBA Jackpot Casino II,
22.
Wal-East
Development Inc. DBA Jokers Casino South, 1320 Mt. Rushmore Rd. C, for a Retail
(on-off sale) Malt Beverage License, WITH Video Lottery
23.
Wal-East
Development Inc. DBA Jackpot Casino Too,
24.
Wal-East
Development Inc. DBA Jackpot Casino Too
25.
Chas
Inc. DBA Jackpot Casino West,
26.
Chas
Inc. DBA Jackpot
27.
Atlantic
LLC, Watiki Indoor Waterpark Resort,
28.
Shooters
Inc. DBA Shooters,
29.
30.
Peaceful
Pines Casino Inc. DBA West Main Square Casino,
31.
Robert
W. Johnson DBA Canyon Lake Pub & Casino, 4116 Jackson Blvd., for a Retail
(on-off sale) Malt Beverage License, WITH Video Lottery
32.
GF
Pizza Inc. DBA Godfathers Pizza,
33.
Bully
Blends Coffee & Tea, Inc DBA Bully Blends Coffee & Tea Shop, 410 5th Street,
for a Retail (on-off sale) Malt Beverage License, No Video Lottery
34.
Colonial
House, Inc. DBA Colonial House,
35.
Yeung
Inc. Great Wall Chinese Restaurant,
36.
Yeung
Inc., Imperial Chineses Restaurant,
37.
High
Plans Securities DBA Cheyenne Casino,
38.
WR
Rapid City Ventures LP DBA Oakleaf Beer Garden,
39.
GS
Corp Inc. DBA Casa Re-al,
2009 – 2010 Package (off-sale) Malt Beverage License Renewals
40.
Moyle
Petroleum Company DBA Common Cents,
41.
Moyle
Petroleum Company DBA Common Cents Food Store, 1909 LaCrosse, for a Package (off
sale) Malt Beverage License
42.
Moyle
Petroleum Company DBA Common Cents Food Store,
43.
Moyle
Petroleum Company DBA Common Cents Food Store,
44.
Moyle
Petroleum Company DBA North Street Smoke Shop,
45.
Moyle
Petroleum Company DBA Common Cents,
46.
Country
Stores Inc. DBA BJ’s
47.
Fuel
Food Mart Inc. DBA Corner Pantry #5, 601 Mt. View Rd., for a Package (off sale)
Malt Beverage License
48.
Fuel
Food Mart Inc. DBA Corner Pantry #4, 901 E. North St., for a Package (off sale)
Malt Beverage License
Public Works Committee Consent Items
49.
Acknowledge
the request by the applicant to withdraw the variance request to waive the sidewalk
requirement at
50.
Acknowledge
the report on the Brooks Acts.
51.
No.
PW042809-04 – Recommend that the
52.
Approve
PW042809-05 and PW042809-06.
No. PW042809-05 – Change Order No. 1 Downtown Pavement Repair, to Tru-Form
Construction, Inc., Project No. STCM08-1747 / CIP No. 50445, for an increase of
$1,600.00. No. PW042809-06 – Change Order
No. 1 for
53.
No.
PW042809-07 – Authorize Staff to Advertise for Bids for South Street Sanitary
Sewer Extension, Project No. SS08-1775 / CIP 50755.
Estimated cost of project: $73,000.00.
54.
No.
PW042809-08 – Authorize Staff to Advertise for Bids for Street Rehabilitation
Project –
55.
No.
PW042809-09 – Authorize Staff to Advertise for Bids for Street Rehabilitation
Project – Mahoney, Dakota Ridge,
56.
No.
PW042809-10 – Authorize Mayor and Finance Office to Sign an Agreement
with Wenck Associates, Inc. for design and bidding services for a landfill gas
collection system, Project No. LF09-1795, for an amount not to exceed $79,941.00.
57.
No.
PW042809-11 – Authorize Mayor and Finance Office to Sign an Agreement
with DesignWorks, Inc., for the Omaha Street Storm Water Quality Project, in the
amount of $24,880.00.
58.
No.
PW042809-12 – Authorize Mayor and Finance Office to Sign an Agreement
with FMG, Inc. for 2009 City Wide Geotechnical, Construction Materials, and QA/QC
Investigations. Project No. PW09-1787 /
CIP No. 50637, in the amount of $25,000.00.
59.
No.
PW042809-13 – Authorize Mayor and Finance Office to Sign an Agreement
with Baffuto Architectura for design and construction of Fire Station #7. Project No. FD09-1767, in the amount of $96,890.00.
60.
No.
PW042809-14 – Approve Request for Authorization to purchase a 2009 4X4
Ford Escape from McKie Ford,
61.
No.
PW042809-15 – Approve Resolution No. 2009-062 for City of
Legal & Finance Committee Consent Items
62.
No.
LF042909-01 – Confirm appointment of Patrick O’Leary to the RSVP Advisory
Council.
63.
No.
LF042909-02 – Confirm reappointment of Jeff Medley as the Wholesale Representative
to the Rapid City Plumbing Board.
64.
No.
LF042909-28 - Approve reappointment of Dr. Bert Corwin to the Rapid City
Regional Airport Board.
65.
No.
LF042909-29 - Approve appointment of Pat Roseland to the West Boulevard
Historic District Study Committee.
66.
Authorize up
to $120,000 of 2012 funds for a design plan of the soccer complex and any
additional funds over $120,000 will be paid by Soccer Rapid City.
67.
Acknowledge
that $3.8 million in 2012 funds and the land designated for the soccer
complex is the extent of the City's participation for the project.
68.
Request
the soccer community to deliver their financial statements for 2008 to the City
Council on
69.
No.
LF042909-03 – Acknowledge Capital Improvements Program Committee monthly
update for April 2009.
70.
Request
the Urban Wildlife Committee review wildlife release, including prohibition of
release of fish and waterfowl into the park and creek system, and to forward their
recommendation to the City Attorney for inclusion in an ordinance to be brought
to the
71.
No.
LF042909-04 – Approve the Five Year Capital Plan for Streets, Drainage
and MIP Projects.
72.
No.
LF042909-05 - Approve the CIP spreadsheet.
73.
No.
LF042909-06 – Approve the
74.
Approve
the CIP carried forward amount of $900,000 for
75.
Authorize
the expenditure of $33,671 from the CIP Contingency Fund for the
76.
No. CC050409-03 - Acknowledge
report regarding City’s planning for a pandemic flu.
77.
No.
LF042909-07 – Approve Event Permit for
78.
No.
LF042909-08 – Approve Event Permit for Rapid City Downtown Association/Summer
Fest to be held June 26 & 27, 2009.
79.
No.
LF042909-09 – Approve Event Permit for Rapid City Parks & Recreation
Triathlon to be held
80.
No.
LF042909-10 – Approve Event Permit for Black Hills Annual Awareness Ride
to be held
81.
No.
LF042909-11 – Approve Event Permit for Hotel Alex Johnson for motorcycle
parking in front of hotel from St. Joseph Street north to the beginning of the
alley from July 31, 2009, through August 9, 2009.
82.
No.
LF042909-12 – Approve Travel Request for Brian Maliske to attend IAAM
Conference and Tradeshow in Boston, MA, July 24-29, 2009, in the approximate amount
of $2,505.
83.
No.
LF042909-27 – Authorize Mayor and Finance Officer to sign the 2009-2010
Certified Local Government Grant Application in the amount of $10,500.
84.
Authorize
Mayor and Finance Officer to sign Waiver of Right to Protest from the City to
the City relating to Discovery Subdivision.
85.
No.
CC050409-05 - Authorize the Mayor and Finance Officer to sign Covenant
Agreement with Benedictine Convent of St. Martins.
86.
No.
CC050409-06 - Authorize the Mayor and Finance Officer to sign Covenant
Agreement with Evangelical Lutheran Good Samaritan Society.
87.
No.
LF042909-13 – Authorize Mayor and Finance Officer to sign Engagement Letter
with
88.
No.
LF042909-14 – Approve Resolution No. 2009-058 Acknowledging a Correction
to the
89.
No.
LF042909-15 –
Approve Resolution No. 2009-054 Declaring Property Surplus.
90.
No.
LF042909-16 – Authorize Mayor and Finance Officer to sign Life Safety
Fund Loan Agreement with Tensleep, LLC for an amount not to exceed $78,880 or
80% of the actual costs, whichever is less, for installation of a fire suppression
system in the Fairmont Creamery with the stipulation that a “letter of credit”
or mortgage be received prior to any City funds being disbursed.
91.
No.
LF042909-17 – Authorize Mayor and Finance Officer to sign Plan Amendment
No. 1 to the City of
92.
No.
LF042909-18 – Approve Resolution (No. 2009-059) to Make a Title Change
to the City of Rapid City’s Compensation Plan.
93.
No. LF042909-19 – Authorize
Mayor and Finance Officer to sign Amendment to Wyss Associates Agreement for
94.
No. LF042909-20 – Authorize
Mayor and Finance Officer to sign Lease Agreement between the City of
95.
No. LF042909-21 – Authorize acceptance of Red Rock Meadows.
96.
No.
LF042909-26 – Authorize Mayor and Finance Officer to sign Release with
Pioneer Productions.
97.
No.
LF042909-24 – Approve request from Andrea Johnson, d/b/a Andrea’s Ice
Cream, for 2009 ice cream vending license.
98.
Authorize
Mayor and Finance Officer to Sign Location Release with Robert Sharp & Associates.
99.
No.
LF042909-25 – Approve property tax abatement for Stephen P. Sargeant for
2008 taxes in the amount of $1,769.02.
Growth Management Department Consent Items (None)
END OF CONSENT CALENDAR
NON-CONSENT ITEMS – Items 100 – 134
Public Comment opened – Items 100 – 134
Public Comment closed
Ordinances
100.
No.
LF042909-24A – First Reading of Ordinance No. 5501, An Ordinance 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.
101.
No.
LF042909-22 – First
102.
No.
LF041509-17 – Second Reading of Ordinance No. 5506, An Ordinance to Increase
the Penalty for Insufficient Funds and No Account Checks Delivered to the City
of
103.
No.
LF041509-18 – Second Reading of Ordinance No. 5507, An Ordinance 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.
104.
No. LF040109-22 – Second Reading
of Ordinance No. 5498, An Ordinance 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.
Growth Management Department Items
105.
Authorize
the Mayor and Finance Officer to sign the waiver of right to protest a future
assessment for the installation of sidewalk along
106.
No.
09EX023 – Approve Waiving the Requirement to Install Sidewalks along
107.
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.
108.
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.
109.
No.
08PL124 - A request by CETEC Engineering Services, Inc. for OS Development,
Inc. for a Preliminary Plat on Lot 1 of Block 1, Lot 1 of Block 2,
Lots 1 thru 40 of Block 3, Lots 1 thru 7 of Block 4, Lots 1 thru 10 of Block 5,
Lots 1 thru 6 of Block 6, Lots 1 thru 12 of Block 7, Lots 1 thru 8 of Block 8, Lots 1 thru 10 of
Block 9, Tracts A and B and the dedicated public Right-of-way, located in the
SW1/4 NE1/4, SE1/4 NE1/4, SE1/4, Section 22 and the NE1/4 NE1/4, SE1/4 NE1/4,
SW1/4 NE1/4, Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota,
legally described as a tract of land located in
the SW¼ NE¼, SE¼ NE¼, SE¼ of Section 22 and the NE¼ NE¼, of Section 27, T1N, R8E,
BHM, Rapid City, Pennington County, South Dakota. Being more particularly described
as follows: Commencing at the East ¼ Corner of said Section 22, said point being
monumented with a nail in the surface of the asphalt of Reservoir Rd and having
two reference monuments consisting of a brass cap and iron pipe, one bears N40º53’23”W
46.84 feet, the second bears S42º28’55”W 47.86 feet; Thence S11º01’40”W 211.80
feet the True Point of Beginning, said point is on the westerly Right-of-Way line
of said Reservoir Rd; Thence N88º20’56”W 42.22 feet to the beginning of a curve
concave to the northeast having a radius of 454.00
feet; Thence along said curve a distance of 240.79 feet to the beginning point
of a reverse curve having a radius of 666.00 feet; Thence along said curve a distance
of 763.21 feet to a point; Thence N42º15’21”W 103.29 feet to the beginning of
a curve concave to the northeast having a radius of 740.00 feet; Thence along
said curve a distance of 109.90 feet to a point; Thence N04º01’19”W 212.28 feet
to a point; Thence S55º45’42”W 75.36 feet to a point; Thence N86º53’21”W 134.46
feet to a point; Thence S10º21’24”E 98.19 feet to a point; Thence S35º06’10”W
63.00 feet to a point; Thence S46º21’05”E 109.89 feet to a the beginning of a
non-tangent curve concave to the southwest having a radius of 936.00 feet and
a chord bearing of S45º14’35”E; Thence along said curve a distance of 97.60 feet
to a point; Thence S42º15’21”E 82.00 feet to a point; Thence S47º44’39”W 267.00
feet to a point; Thence S42º15’21”E 318.00 feet to the beginning of a curve concave
to the southwest having a radius of 669.00 feet; Thence along said curve a distance
of 415.25 feet to a point; Thence S04º27’54”E 52.00 feet to the beginning of a
non-tangent curve concave to the west having a radius of 669.00 feet and a chord
bearing of S00º04’26”E ; Thence along said curve a distance of 50.53 feet to a
point; Thence S02º05’22”W 618.45 feet to a point; Thence N87º54’38”W 157.00 feet
to a point; Thence S02º05’22”W 82.00 feet to a point; Thence S47º05’22”W 14.14
feet to a point; Thence N87º54’38”W 95.00 feet to a point; Thence S02º05’22”W
89.55 feet to the beginning of a curve concave to the northwest having a radius
of 407.00 feet; Thence along said curve a distance of 283.67 feet to a point;
Thence S42º01’34”W 129.91 feet to a point; Thence S47º44’39”W 76.00 feet to a
point; Thence S42º15’21”E 25.35 feet to the beginning of a curve concave to the
northeast having a radius of 1238.00 feet; Thence along said curve a distance
of 692.63’ to a point; Thence S32º05’22”W 61.42 feet to the beginning of a curve
concave to the northwest having a radius of 2060.00 feet; Thence along said curve
a distance of 464.18 feet to a point; Thence S45º00’00”W 183.94 feet to a point;
Thence S45º00’00”E 172.00 feet to a point; Thence N45º00’00”E 86.99 feet to a
point; Thence S90º00’00”E 14.14 feet to a point; Thence S45º00’00”E 100.00 feet
to a point; Thence N45º00’00”E 478.38 feet to a point; Thence S64º12’57”E 223.55
feet to the beginning of a non-tangent curve concave to the southwest having a
radius of 254.00 feet and a chord bearing of S28º27’35”E; Thence along said curve
a distance of 263.73 feet to a point; Thence S88º42’49”E 120.00 feet to the beginning
of a non-tangent curve concave to the west having a radius of 374.00 feet and
a chord bearing of S01º38’45”W; Thence along said curve a distance of 4.69 feet
to a point; Thence S02º00’19”W 29.40 feet to a point; Thence S87º59’41”E 199.00
feet to a point along the westerly Right-of-Way line of said Reservoir Road; Thence
N02º00’19”E 678.41 feet along said Right-of-Way where it intersects the South
line of the Southeast quarter of said Section 22, from which the Southeast corner
of said section 22 bears S88º27’49”E 33.00 feet, said point being monumented with
an iron rod below the surface of the asphalt; Thence N02º03’51”E 38.00 along the
Right-of-Way of said Reservoir Rd to a point; Thence N88º27’48”W 515.70 feet to
the beginning of a curve concave to the northeast having a radius of 1162.00 feet;
Thence along said curve a distance of 264.57 feet to a point; Thence N32º05’22”E
194.31 feet to the beginning of a curve concave to the northwest having a radius
of 1066.00 feet; Thence along said curve a distance of 465.06 feet to a point;
Thence S87º56’54”E 23.94 feet to the southwest corner of Tract 1 of the Bradeen
Subdivision, said point being monumented with an iron rod and cap stamped “Cetec
Eng LS 4725”; Thence N02º05’22”E 986.42 feet along the west line of said Tract
1 to the beginning of a non-tangent curve concave to the southwest having a radius
of 1014.96 feet and a chord bearing N22º20’38”W said point is also the northwest
corner of said Tract 1 and being monumented with an iron rod and cap stamped “Cetec
Eng LS 4725”; Thence along said curve a distance of 695.42 feet to a point; Thence
N42º03’11”W 203.20 feet to a point; Thence N41º26’28”W 12.09 feet to the beginning
of a non-tangent curve concave to the south having a radius of 613.96 feet and
a chord bearing of S89º59’42”E; Thence along said curve a distance of 686.58 feet
to the beginning point of a reverse curve having a radius of 506.00 feet; Thence
along said curve a distance of 268.36 feet to a point; Thence S88º20’56”E 41.85
feet to a point on the westerly Right-of-Way line of said Section 22; Thence N02º03’51”E
52.00 feet along said Right-of-Way line to the True Point of Beginning, Section
27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located
west of Reservoir Road and south of the intersection
of S.D. Highway 44 and Reservoir Road.
110.
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 N¼ Corner of Section 4, Township 1 North, Range 8 East of the Black Hills
Meridian, Pennington County, South Dakota; Thence S00º06’56”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 N89º56’23”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 N89º57’20”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 S00º11’20”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 13º19’37” and whose long
chord bears S06º43’28”E a distance of 135.30 feet; thence continuing along the
West Right-of-Way of Concourse Drive S13º38’17”E a distance of 668.79 feet; thence
S76º22’04”W a distance of 265.23 feet; thence N13º37’01”W a distance of 439.18
feet; thence S76º22’37”W a distance of 60.35 feet; thence N13º37’23”W a distance
302.02 feet; thence N77º53’25”E a distance of 57.99 feet; thence N05º25’18”W a
distance of 258.44 feet to the point of beginning, located at 333
Concourse Drive.
111.
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.
112.
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.
113.
No.
08PL176 – Approve 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.
114.
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.
115.
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.
116.
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.
117.
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.
118.
No.
09PL016 - A request by Renner & Associates for Gene Quinn for a Layout Plat
on Lots 1 thru 3 of Blake Estates, Section
18, T1N, R7E, BHM, Pennington County, South Dakota, legally described as
Tract A of Government Lot 1 and Tract A of Government
Lot 2, located in the W1/2 of the NW1/4, Section 18, T1N, R7E, BHM,
Pennington County, South Dakota, located at 6620
West Highway 44.
119.
No.
09PL017 - A request by Centerline, Inc. for Action Development, Inc.
for a Preliminary
Plat on Lots 2 thru 7, 9, and 10 of
Anamosa Crossing Subdivision, located in the NW1/4, Section 32, T2N R8E, BHM,
Rapid City, Pennington County, South Dakota, legally described as Tract 1 of Century 21 Subdivision, located in the NW1/4,
Section 32, T2N R8E, BHM, Rapid City, Pennington County, South Dakota,
located northwest of the intersection of East North
Street and East Anamosa Street.
120.
No.
09PL018 - A request by Centerline, Inc. for Hidden Valley, Inc. for a
Preliminary
Plat on Tracts 1 thru 3, Lots 1A thru
12B and Lot Z of Block 1, Lots 1A thru 11B of Block 2 of Skylines Village Subdivision,
Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota,
legally described as the south 495 feet of the
NE1/4 SE1/4 less Lot 1, the SE1/4 SE1/4 all in Section 22, T1N, R7E, BHM, Section
22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located
at 2000 Golden Eagle Drive.
121.
No.
08SR083
- A request by Buell Consulting, Inc. for Cellular Inc. Network Corporation
d/b/a Verizon Wireless for a SDCL 11-6-19 Review to allow a telecommunications
tower on Lot 1 of Block 10 of McMahon
Industrial Park No. 2, located in the SW1/4 SE1/4, Section 24, T2N, R7E, BHM,
Rapid City, Pennington County, South Dakota, located at 2870
Haines Avenue.
Legal & Finance Committee Items (None)
Public Works Committee Items
122.
Discussion on a proposed
Bids
123.
No.
CC050409-02.1 - One (1) New Current Model Year Sander Truck with Plow
for the Street Division (Opened on
124.
No.
CC050409-02.2 – One (1) New Current Model Year Tandem Flatbed Truck for
the Street Division (Opened on
125.
No.
CC050409-02.3 – One (1) New Current Model Year Refuse Collection Truck
for the Solid Waste Division (Opened on
126.
No.
CC050409-02.4 – One (1) New Current Model Year Tandem Dump Truck with
Plow for the Street Division (Opened on
127.
No.
CC050409-02.5 – Transportation Natural Gas (Opened on
128.
No.
CC050409-02.6 – Odor Control Chemical for Lift Stations (Opened on
129.
No.
CC050409-02.7 – Cationic Polymer-Coagulant for the Water Division (Opened
on
130.
No.
CC050409-02.8 – Transit Shelters (Opened on
Mayor’s Items
Council Items & Liaison Reports
131.
CC050409-07
- 601 12th Sewer cleanup and Review of City's payment policy, Aldermen Costello
and Kooiker
132.
What
Now Program Report, Alderman LaCroix
133.
Historical
and Boarding School Trauma Workshop Report, Alderman LaCroix
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
134.
No.
CC050409-04 - Vision 2012 Update
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS
– Items 135 - 152
Open Public Hearing (comment) – Items 135 - 152
CONTINUED PUBLIC HEARING
CONSENT ITEMS – Items 135 – 140
Remove Items from the “Continued Public
Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent
Items
Continue the following items until May 18, 2009:
135.
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 N¼ Corner of Section
4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County,
South Dakota; Thence S00º06’56”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 N89º56’23”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
N89º57’20”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 S00º11’20”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 13º19’37” and whose long chord bears S06º43’28”E
a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse
Drive S13º38’17”E a distance of 668.79 feet; thence S76º22’04”W a distance of
265.23 feet; thence N13º37’01”W a distance of 439.18 feet; thence S76º22’37”W
a distance of 60.35 feet; thence N13º37’23”W a distance 302.02 feet; thence N77º53’25”E
a distance of 57.99 feet; thence N05º25’18”W a distance of 258.44 feet to the
point of beginning, located at 333 Concourse Drive.
136.
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.
137.
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.
138.
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.
139.
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.
140.
No.
09SV011 - A request by Centerline, Inc. for Action Development, Inc.
for a Variance
to the Subdivision Regulations to waive the requirement to install sidewalk, water
and sewer along East North Street and to waive the requirement to install pavement,
curb, gutter, sidewalk, street light conduit, sewer and water along Century Road
as per Chapter 16.16 of the Rapid City Municipal Code on Lots
2 thru 7, 9, and 10 of Anamosa Crossing Subdivision, located in the NW1/4, Section
32, T2N R8E, BHM, Rapid City, Pennington County, South Dakota, legally
described as Tract 1 of Century 21 Subdivision, located in the NW1/4,
Section 32, T2N R8E, BHM, Rapid City, Pennington County, South Dakota,
located northwest of the intersection of East North
Street and East Anamosa Street.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) – Items 135 - 152
CONSENT PUBLIC HEARING
ITEMS – Items
141 – 147
Remove Items from the “Consent Public
Hearing Items” and Vote on Remaining Consent Items
Growth Management Items
141.
Authorize
the Mayor and Finance Officer to sign the waiver of right to protest a future
assessment for the installation of water and sewer along Elk Vale Road and Interstate
90 as they abut 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. (09SV009)
142.
No.
09CA007 –To deny a request by Dream Design International, Inc. for a Amendment to
the Adopted Comprehensive Plan to change the Land Use Designation from Residential
to Office Commercial on 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.
143.
No.
09SV010 – To approve a request by
Centerline, Inc. for Hidden Valley, Inc. for a
Variance to
the Subdivision Regulations to waive the requirement to install curb, gutter,
sidewalk, street light conduit, water and sewer and to waive the requirement to
pave the H Lot as per Chapter 16.16 of the Rapid City Municipal Code on
Tracts 1 thru 3, Lots 1A thru 12B and Lot Z of
Block 1, Lots 1A thru 11B of Block 2 of Skylines Village Subdivision, Section
22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally
described as the south 495 feet of the NE1/4 SE1/4
less Lot 1, the SE1/4 SE1/4 all in Section 22, T1N, R7E, BHM, Section 22, T1N,
R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2000 Golden Eagle Drive.
Alcohol Licenses
144.
Rapid
City Library Foundation for a Special Event Beer and Wine License for and event
scheduled
2009 – 2010 Retail (on-off sale) Malt
Beverage License Renewals
145.
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
146.
SMJ
Ventures LLC DBA Oma’s Cafe and Bakery,
147.
Leading
Edge Management LLC DBA Buffalo Wings and Rings,
Assessment Rolls
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC
HEARING ITEMS
– Items 148 – 152
148.
No.
09PD011 - A request by Toby Karn for Frontera Chicos, LLC for a Major Amendment
to a Planned Commercial Development on Lot 2 of Huffman Subdivision, Section 32, T2N, R7E, BHM,
Rapid City, Pennington County, South Dakota, located east of the intersection of North Cambell Street and
East North Street.
149.
No.
09RZ020 – Second Reading of Ordinance
5510, 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 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.
150.
No.
09RZ021 - Second Reading of Ordinance
5511, 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 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.
151.
No.
09RZ022 - Second Reading of Ordinance
5512, 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 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.
152.
No.
09RZ023
- Second Reading of Ordinance 5513, 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
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.
BILLS
153.
No.
CC050409-01 –
Bill List for
EXECUTIVE SESSION permitted by SDCL 1-25-2
STAFF DIRECTION
ADJOURN