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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.
Please
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.
Veteran
of the Month
2.
Employee
Awards
3.
Report
from Economic Development
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 - 181
Public Comment opened – Items 4 - 160
Public Comment closed
CONSENT ITEMS – Items 4 - 160
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
(
4.
Late
Harvest Inc. DBA Tally’s Silver Spoon,
5.
La
Grand Station LLC DBA La Grand Station,
7.
8.
Rushmore
German Club for a Special Event Beer License for events scheduled August 14 through
22, 2009 at the Central States Fair, 800
9.
10.
Cimarron
Casino Inc DBA Royal Casino I,
11.
MG
Oil Company DBA Clock Tower Lounge,
12.
Jenneye
Sartorius DBA Unique Ink Promos,
2009 – 2010 Retail (on-off sale) Malt
Beverage License Renewals
13.
Century
Motels Inc. DBA Howard Johnson Express Inn & Suites, 950 North St, for a Retail
(on-off sale) Malt Beverage License, NO Video Lottery
14.
Michael
O Wieseler DBA Horseshoe Bar,
15.
Rapid
City Softball Association,
16.
17.
Entertainment
Inc. DBA Nu Robbinsdale Casino,
18.
Black
Hills Amateur Baseball Inc DBA Black Hills Amateur Baseball, 2819 Canyon Lake
Dr., for a Retail (on-off sale) Malt Beverage License, NO Video Lottery
19.
Fox
Family Enterprises Inc DBA Rodeway Inn,
20.
21.
Dave
M & Linda Handley DBA Hot Spot Casino,
22.
Gab
Denk Kwak & Kaz Campillo DBA Hana Restaurant,
23.
Nifty
Fifties Inc DBA Parkway Restaurant,
24.
Piesanos
Pacchia Inc DBA Piesano’s Pacchia,
25.
Black
Hills Coffee Company DBA Black Hills Coffee, 5955 S Highway 16 G, for a Retail
(on-off sale) Malt Beverage License, NO Video Lottery
26.
Wine
Cellar Restaurant LLC DBA Wine Cellar Restaurant,
27.
Walter
Banovic DBA Picasso Barn Pizzeria,
28.
Mae
Jean Adams DBA The Corn Exchange,
29.
Linda
& Frank Morrison DBA Thirstys,
30.
Omaha
Players Company DBA Happy Jacks-Omaha,
31.
South
Dakota Vending Inc DBA Happy Jack’s West,
32.
South
Dakota Vending Inc DBA Happy Jack’s Valley,
33.
South
Dakota Vending Inc DBA Happy Jacks Too,
34.
South
Dakota Vending Inc DBA Happy Jack’s East,
35.
South
Dakota Vending Inc DBA Happy Jacks-Downtown,
36.
37.
Two
Lefties and Panchos DBA Pancheros Mexican Grill,
38.
World
Class Golf Inc DBA World Class Golf,
39.
Central
States Fair Inc DBA Central States Fair,
40.
Botticellis
Ristorante Italiano Inc DBA Botticellis Ristorante Italiano,
41.
42.
Mai
T Goodsell DBA Saigon Restaurant,
43.
Cimarron
Casino Inc DBA Royal Casino I,
44.
NPC
International Inc DBA Pizza Hut #2777, 2005
45.
NPC
International Inc DBA Pizza Hut #2776, 2604 W Main St., for a Retail (on-off sale)
Malt Beverage License, NO Video Lottery
46.
Rapid
City Elks Lodge #1187 DBA Elks Lodge,
47.
Cimarron
Casino Inc DBA Eastside Plaza Casino,
48.
Cimarron
Casino Inc DBA Chicago St. Casino,
49.
Wyngard
Pot-O-Gold Casino Inc DBA Pot-O-Gold Casino,
50.
Wyngard
Pot-O-Gold Casino Inc DBA Lucky D’s Casino,
51.
Wyngard
Pot-O-Gold Casino Inc DBA Lucky D’s Casino,
52.
Dadah
Kids Corp. DBA Pauly’s Pizzeria & Sub Co.,
53.
MG
Oil Company DBA Clock Tower Lounge,
54.
Black
Hills QMG LLC DBA Qdoba Mexican Grill,
55.
Continental
Leisure Inc DBA Carousel Casino,
56.
Lybecks
Twenty-First Century Inc DBA Shenanigan’s Casino, 3788 E Hwy. 44, for a Retail
(on-off sale) Malt Beverage License, WITH Video Lottery
57.
MG
Oil Company DBA Uncle Sam’s South,
58.
MG
Oil Company DBA Uncle Sam’s East,
59.
MG
Oil Company DBA Uncle Sam’s West,
60.
MG
Oil Company DBA BP Casino, 609 Mt. View Ste. C-1, for a Retail (on-off sale) Malt
Beverage License, WITH Video Lottery
61.
MG
Oil Company DBA Rushmore Casino,
62.
MG
Oil Company DBA LaCrosse Street Casino #2, 720 N LaCrosse St., for a Retail (on-off
sale) Malt Beverage License, WITH Video Lottery
63.
MG
Oil Company DBA LaCrosse Street Casino #1, 720 N LaCrosse
64.
MG
Oil Company DBA Market Square Casino,
65.
MG
Oil Company DBA Haines Ave. Casino,
66.
MG
Oil Company DBA East North Casino,
67.
MG
Oil Company DBA Warehouse Bar & Casino,
68.
Harbry
Enterprises Inc DBA Buck-N-Gator,
69.
Orris
Enterprises Inc DBA Vino 100,
70.
Carolyn’s
Casinos Inc DBA Carolyn’s Too, 1141 Deadwood Ave. Ste. 2, for a Retail (on-off
sale) Malt Beverage License, WITH Video Lottery
71.
Carolyn’s
Casinos Inc DBA Carolyn’s Too, 1141 Deadwood Ave. Ste. 2, for a Retail (on-off
sale) Malt Beverage License, WITH Video Lottery, INACTIVE
72.
S&Y
Inc DBA Golden Phoenix Restaurant,
73.
Poker
Joe’s Inc DBA Poker Joe’s,
74.
Uncork’d
Wine & Tapas Bar LLC DBA Uncork’d Wine & Tapas Bar,
75.
Bosselman
Inc of
76.
D&S
Time Square Inc. DBA Breakroom Casino,
77.
Dean’O’s
Casino Inc. DBA Dean’O’s Casino,
78.
United
Food Inc DBA Toby’s Casino,
79.
United
Food Inc DBA Toby’s Casino South,
80.
Barbecsul
Inc DBA Sandtrap Grill & Bar,
81.
Barbecsul
Inc DBA Executive Golf Course,
82.
Jenneye
Sartorius DBA Unique Ink Promos,
83.
CCKT
Inc DBA Queen of Hearts Casino, 316 E Boulevard, for a Retail (on-off sale) Malt
Beverage License, WITH Video Lottery
84.
CCKT
Inc DBA King of Hearts Casino,
85.
Rapid
Bowl Inc DBA Meadowood Lanes,
86.
Cimarron
Casino Inc DBA Main St. Gap Casino,
87.
2009 – 2010 Package (off-sale) Malt Beverage License Renewals
88.
Safeway
Stores 46 Inc. DBA Safeway Store 581,
89.
Safeway
Stores 46 Inc. DBA Safeway Store 1554,
90.
Carol
Enterprises DBA Don’s Valley Express,
91.
Mini
Mart Inc DBA Mini Mart #451, 4260 Canyon
92.
Mini
Mart Inc DBA Mini Mart #444, 1627 Mt. Rushmore Rd., for a Package (off sale) Malt
Beverage License
93.
Mini
Mart Inc DBA Mini Mart #447, 1601 N Haines Ave., for a Package (off sale) Malt
Beverage License
94.
Mini
Mart Inc DBA Mini Mart #443, 3106 W Main St., for a Package (off sale) Malt Beverage
License
95.
Robert
L. Stiehl DBA Circle S Convenient Mkt,
96.
MG
Oil Company DBA Corner Pantry
97.
MG
Oil Company DBA Corner Pantry
98.
MG
Oil Company DBA Corner Pantry #9, 1220 E
99.
MG
Oil Company DBA Corner Pantry
100.
Superpumper
Inc DBA Superpumper #16, 3275 S Hwy. 79, for a Package (off sale) Malt Beverage
License
101.
Superpumper
Inc DBA Superpumper #27, 2215 Haines Ave., for a Package (off sale) Malt Beverage
License
102.
B&L
Inc DBA Boyds Liquor Mart,
103.
B&L
Inc DBA Boyds Liquor Mart,
104.
Fresh
Start Convenience Stores Inc DBA Fresh Start –
105.
Big
D Oil
106.
Big
D Oil Co. DBA Big D Oil Co. Store #41, 1160 LaCrosse
107.
Big
D Oil
108.
Big
D Oil Co. DBA Big D Oil Co. Store #8, 2303
Public Works Committee Consent Items
109.
Acknowledge
the report on
110.
No.
PW051209-06 – Acknowledge the report on
111.
No. CC050409-02.7 – Award Cationic Polymer-Coagulant for the Water Division (Opened
on
112.
No. CC050409-02.1
– Award One (1) New Current Model Year Sander
Truck with Plow for the Street Division (Opened on
113.
No. CC050409-02.5 – Reject all
bids for Transportation Natural Gas (Opened on
114.
No. PW051209-01 – Approve Change
Order #1F for
115.
No.
PW051209-02 – Authorize Mayor and Finance Officer to Sign Amendment Number
2 to the Professional Services Agreement between the City of Rapid City and Geiger
Architecture for the Police Evidence - Traffic - Transit Building Improvements,
Project No. IDP07-1637, in the amount of $15,000.00.
116.
No.
PW051209-03 – Authorize Mayor and Finance Officer to Sign an Agreement
between the City of
117.
No.
PW051209-04 – Authorize Mayor and Finance Officer to Sign a Permanent
Utility Easement between the City of Rapid City and Black Hills Power, Inc. in,
on, over, under, and across the following described real property: A portion of Lot One (1) of New Park Subdivision
located in the Northwest Quarter of the Southwest Quarter (NW1/4SW1/4) of Section
Twenty-four (24), Township Two North (T2N), Range Seven East (R7E) of the Black
Hills Meridian, Pennington County, South Dakota.
118.
No.
PW051209-05 – Approve Request for Authorization to seek Proposals for
Engineering Services for Catron/Hwy 16B Sanitary Trunk Sewer Extension and Utility
Relocation, Project SS09-1782 / CIP No. 50396. Estimated design and construction costs: $1,950,000.00.
119.
No.
09VE004 - Acknowledge the applicant’s
request to withdraw a request by CETEC Engineering
for Rushmore Construction, Inc. to consider an application for a Vacation
of a Minor Drainage and Utility Easement Lot 9 of Block 22 of Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City,
Pennington County, South Dakota, more generally described as being located
at 6416 Brandon Lane.
120.
Recommend
that City Council hold a neighborhood meeting with
121.
No.
09FV004 - South Park Addition – Deny without prejudice a request by Zane
Tibke to consider an application for a Fence Height Exception to allow a seven
foot high fence in the Medium Density Residential District on Lots 37 and
38 of Block 14 of South Park Addition, Section 12, T1N, R7E, BHM, Rapid City,
Pennington County, South Dakota, more generally described as being located at
2132 Wisconsin Avenue.
122.
No.
09EX056 – Approve with a “waiver of right to protest” a request to waive
the requirement to install sidewalk along East Minnesota Street and Biernbaum
Lane as per City Ordinance No. 12.16.080 on Lot 1 South Yard Subdivision (referred
to as Lot B – west lot) located in the unplatted balance of the NW1/4 SW1/4, Section
17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. (Pin Number 38-17-301-
007)
123.
No.
09EX057 – Approve with a “waiver of right to protest” a request to waive
the requirement to install sidewalk along
124.
Approve
a Resolution of Necessity for the Acquisition of the Public Right of Way Easement
and Permanent Drainage Easement for
Legal & Finance Committee Consent Items
125.
No. LF042909-20 - Authorize
Mayor and Finance Officer to sign Lease Agreement between the City of Rapid City
and
126.
No. LF051309-24
– Confirm appointment of Dana Kuecker to the Rapid City Regional Airport Board.
127.
No.
LF051309-25 – Confirm reappointment of Jerry Austin (representing the
industrial safety industry) to a four year term on the Fire Code Board of Appeals
and Bob Brandt (representing the general/business industry) to a four year term
on the Fire Code Board of Appeals.
128.
No.
LF051309-29 – Approve Event Permit for Rapid City School District for
State Track Meet commencing on May 30, 2009.
129.
Acknowledge report on Game Fish & Parks Outdoor Campus West.
130.
No.
LF051309-01 – Approve Event Permit for American Cancer Society to hold
kickoff for the Relay for Life on June 4, 2009 beginning at 4:00 p.m. on Seventh
Street between Main Street and St. Joseph Street.
131.
No.
LF051309-22 – Authorize Mayor and Finance Officer to sign Agreement for
Independent Contractor Services with Dr. Robert Looyenga.
132.
No.
LF051309-23 – Approve Parade Permit for NAJA Shriners Parade to be held
on
133.
No.
LF051309-26 – Authorize purchase of 26 Philips FRx Defibrillators from
Respond First Aid System in the amount of $39,754 ($19,877 paid by the City and
$19,877 paid by the Police Department).
134.
No.
LF051309-27 – Approve purchase of 2009 Ford
Escape from McKie Ford matching State bid price in the sum of $20,752.
135.
No.
LF051309-02 – Approve Travel Request for Steve Burgad and Chris Weinert
to attend School of Ice Technologies in Newark, NJ, June 7-13, 2009, in the approximate
amount of $4,070.
136.
No.
LF051309-19 – Authorize Mayor and Finance Officer to sign Amendment No.
1 to the State of
137.
No.
LF051309-20 – Recommend to the City Council that the Residential Contractor
Board hold a public hearing within 30 days regarding a requested ordinance amendment
to the 2006 International Residential Code to remove the requirement to field
treat cut, notched and bored ends of treated wood, and to change the design requirements
allowing walls more than 10 feet in height and up to 12 feet in height to be constructed
using a prescriptive design and bring a report back to the Legal and Finance Committee.
138.
No.
LF051309-03 – Approve Change Order to Professional Service Agreement with
139.
Acknowledge
the following volunteers for workmen’s compensation purposes: Julia Monczunski, Nate Drake, and Tiffany Iverson.
140.
Acknowledge
report on reimbursement from
141.
No.
LF051309-04 – Approve Resolution Declaring Property Surplus.
142.
No.
LF051309-06 – Authorize Mayor and Finance Officer to sign Agreement between
State of South Dakota Department of Transportation and Rapid City, South Dakota
for use of fiber optic cable.
143.
No.
LF051309-07 – Authorize Mayor and Finance Officer to sign Health Care
Plan Renewal.
144.
No.
LF051309-08 – Approve Resolution No. 2009-063 to amend the City of Rapid
City Compensation Plan by Making the Following Changes to the Position of Library
Associate.
145.
No.
LF051309-18 – Authorize Mayor and Finance Officer to sign an Agreement
for Independent Contractor Services between Hayman & Associates and the City
of
146.
No.
LF051309-30 – Approve Amendment #2 to the FY 2008 Community Development
Block Grant Annual Action Plan to include Community Development Block Grant Recovery
funds in the amount of $132,734.
147.
Approve
request from the Parks and Recreation Department to close the parking lot at 6th
&
148.
No.
LF042909-23 – Approve Resolution (No. 20009-060) Relating to Council Members
Serving on a Board in the Capacity of a Voting Member.
149.
No.
LF051309-09 – Approve Resolution of Intent to Enter into Lease Agreement
with
150.
No.
LF051309-10 – Authorize Mayor and Finance Officer to sign Agreement between
the City of Rapid City and Triple Z Real Estate Development, LLLP, Regarding the
Use of .16 Funds for the Construction of the Jolly Lane Lift Station Expansion.
151.
No.
LF051309-11 – Authorize Mayor and Finance Officer to sign Covenant Agreement
between the City of Rapid City and SSST, LLC, Regarding the Timing of the Construction
of Minnesota Street before Issuance of Certificates of Occupancy.
152.
No.
LF051309-12 – Authorize Mayor and Finance Officer to sign Covenant Agreement
between the City of Rapid City and Triple Z Real Estate Development, LLLP, Regarding
the Timing of the Construction of Minnesota Street before Issuance of Certificates
of Occupancy.
153.
No.
LF051309-13 – Authorize Mayor and Finance Officer to sign Covenant Agreement
between the City of Rapid City and Triple Z Real Estate Development, LLLP, Regarding
Jolly Lane Lift Station Upgrades before Issuance of Certificates of Occupancy.
154.
No.
LF051309-14 – Authorize Mayor and Finance Officer to sign Covenant Agreement
between the City of Rapid City and SSST, LLC, Regarding Jolly Lane Lift Station
Upgrades before Issuance of Certificates of Occupancy.
155.
No.
LF051309-15 – Acknowledge request from the Black Hills Fat Tire Festival
to hold a raffle from May 22nd through
156.
No.
LF051309-16 – Acknowledge raffle request from Family Child Care Professionals
of South Dakota, Inc.
157.
No.
LF051309-17 – Approve property tax abatement for Jody Crawford for 2008
in the amount of $2,183.90.
Growth Management Department Consent Items
158.
Authorize
the Mayor and Finance Officer to sign the waiver of right to protest a future
assessment for the installation of sidewalk along
159.
Authorize
the Mayor and Finance Officer to sign the waiver of right to protest a future
assessment for the installation of sidewalk sidewalk
along
160.
Authorize
the Mayor and Finance Officer to sign the waiver of right to protest a future
assessment for the installation of pavement, curb, gutter, sidewalk, street light
conduit, water and sewer along the existing Century Road right-of-way located
along the east lot line of the property as they abut 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. (09SV011)
END OF CONSENT CALENDAR
NON-CONSENT ITEMS – Items 161 -181
Public Comment opened – Items 161 - 181
Public Comment closed
Ordinances
161.
No.
LF042909-22 –
Second
162.
No.
09RZ024 – First Reading, Ordinance 5514,
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 all of the SE1/4
NE1/4 including the west half of Valley Drive right-of-way adjacent to the SE1/4NE1/4,
less Lot 5 of Marshall Subdivision, less the south 25 feet of Homestead Street
right-of-way adjacent to Lot 5 of Marshall Subdivision, and less the south 293
feet of Lot 6 of Marshall Subdivision, all located in Section 5, T1N, R8E, BHM,
Rapid City, Pennington County, South Dakota; and, all of the NE1/4 SE1/4 lying
north of S.D. Highway 44 including the west half of Valley Drive right-of-way,
less Lots 4, 5, 14, 15 Revised and 17 of Hillsview Subdivision and less the western
most 33 feet of Valley Drive right-of-way lying south of Lot 13 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.
Growth Management Department Items
163.
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.
164.
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.
165.
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.
166.
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.
167.
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.
168.
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.
169.
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.
170.
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.
171.
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.
172.
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.
173.
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.
174.
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.
175.
No.
09SE003 - A request by Hills Alive Festival for a Special Exception to the Flood Area Construction
Regulations to allow temporary structures in the floodway on Tract
20 less Lot H1 of the Rapid City Greenway Tract, Section 36, T2N, R7E, BHM, Rapid
City, Pennington County, South Dakota, located north
of Omaha Street between North Mount Rushmore Road and Fifth Street in Memorial
Park.
Legal & Finance Committee Items
176.
No.
LF051309-28 – Confirm appointment of Mike Kenton and
Public Works Committee Items
177.
Recommend
that City Council withdraw the order to install sidewalks on that portion of E
Saint Patrick Street described as follows: Lots
1-8; Lot 16; Lots 9-12 Revised; Hansen Heights, Sec 6, T1N, R8E, BHM, Rapid City,
Pennington County, South Dakota.
Bids
178.
No.
CC051809-02 – One (1) New Current Model Year Articulating Motor Grader
for the Solid Waste Division (Opened on
Mayor’s Items
Council Items & Liaison Reports
179.
CC050409-07
- 601 12th Sewer Cleanup and Review of City's payment policy (Continued from the
180.
Historical
and Boarding School Trauma Workshop Report (Continued
from
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
181.
CC051809-03
- Authorize staff to re-advertise for bids for bus shelters.
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS
– Items 182- 236
Open Public Hearing (comment) – Items 182- 236
CONTINUED PUBLIC HEARING
CONSENT ITEMS – Items 182 - 188
Remove Items from the “Continued Public
Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent
Items
Continue the following items until
182.
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.
183.
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.
184.
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.
185.
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.
186.
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.
187.
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.
188.
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 182 - 236
CONSENT PUBLIC HEARING
ITEMS – Items
189 - 234
Remove Items from the “Consent Public
Hearing Items” and Vote on Remaining Consent Items
Growth Management Items (None)
Alcohol Licenses
189.
Dadah
Kids Corp. DBA Pauly’s Pizzeria and Sub Company,
190.
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 (Continue to June 15, 2009 pending Conditional
Use Permit approval.)
191.
192.
Rapid
City Downtown Association for a Special Event Beer License for events scheduled
193.
Wyngard
Pot-O-Gold Casino Inc. DBA Lucky D’s Casino II, 1330 E. St. Patrick St. #2, for
a Retail (on-off sale) Malt Beverage License, WITH Video Lottery TRANSFER from
Angie’s Inc. DBA Video Blue’s Hideaway Pub & Casino, 1028 E. North St.
2009 – 2010 Retail (on-off sale) Malt
Beverage License Renewals
194.
Deadwood
Outfitter Inc. DBA Deadwood Outfitter,
195.
Hungry’s
Restaurant Inc. DBA Marlin’s Roadhouse Grill/
196.
Los
Espinos LLC DBA Lacosta Mexican Restaurant,
197.
Museum
Alliance of Rapid City Inc. DBA The Journey Museum, 222 New York St., for a Retail
(on-off sale) Malt Beverage License, NO Video Lottery
198.
Black
Hills Food Services, Inc DBA Fuddruckers,
199.
Li
Zhu Zhu DBA Hong Kong Buffet, 927 E. North St., for a Retail (on-off sale) Malt
Beverage License, NO Video Lottery
200.
Asian
Garden Inc. DBA Asian Garden, 740 Mt. View Rd, for a Retail (on-off sale) Malt
Beverage License, NO Video Lottery
201.
Coco
Palace LLC DBA Coco Palace, 1900 N. Maple Ave., for a Retail (on-off sale) Malt
Beverage License, NO Video Lottery (Continue
to June 1, 2009 pending property tax payment)
202.
Jim
Berger and Rhonda Berger DBA Ichiban,
203.
Dan
Trieu Ly DBA Golden Fortune, 1204 E. North St., for a Retail (on-off sale) Malt
Beverage License, NO Video Lottery
204.
Cortez
LLC DBA Alex Johnson Hotel,
205.
Wal-East
Development Inc. DBA Jackpot Casino East, 2708 E Hwy 44, for a Retail (on-off
sale) Malt Beverage License, WITH Video Lottery
206.
Wal-East
Development Inc. DBA Jackpot Casino, 685 LaCrosse St., for a Retail (on-off sale)
Malt Beverage License, WITH Video Lottery
207.
Wal-East
Development Inc. DBA Jackpot Casino II, 685 C LaCrosse St., for a Retail (on-off
sale) Malt Beverage License, WITH Video Lottery
208.
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
209.
Wal-East
Development Inc. DBA Jackpot Casino Too, 1415 N. LaCrosse St., for a Retail (on-off
sale) Malt Beverage License, WITH Video Lottery
210.
Wal-East
Development Inc. DBA Jackpot Casino Too #2, 1415 N. LaCrosse St. #3B, for a Retail
(on-off sale) Malt Beverage License, WITH Video Lottery
211.
Chas
Inc. DBA Jackpot Casino West,
212.
Chas
Inc. DBA Jackpot West II, 2144 Jackson Blvd. #4, for a Retail (on-off sale) Malt
Beverage License, WITH Video Lottery
213.
Atlantis
LLC, Watiki Indoor Waterpark Resort, 1314 N. Elk Vale Rd., for a Retail (on-off
sale) Malt Beverage License, NO Video Lottery (Continue to June 1, 2009 pending property tax payment)
214.
Shooters
Inc. DBA Shooters,
215.
Ken-Ben
Inc. DBA 8th Street Lounge, 2201 Mt. Rushmore Rd., for a Retail (on-off sale)
Malt Beverage License, WITH Video Lottery
216.
Peaceful
Pines Casino Inc. DBA West Main Square Casino, 3205 West Main St., for a Retail
(on-off sale) Malt Beverage License, WITH Video Lottery
217.
Robert
W. Johnson DBA Canyon Lake Pub & Casino, 4116 Jackson Blvd., for a Retail
(on-off sale) Malt Beverage License, WITH Video Lottery
218.
GF
Pizza Inc. DBA Godfathers Pizza,
219.
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
220.
Colonial
House, Inc. DBA Colonial House, 2501 Mt. Rushmore Rd., for a Retail (on-off sale)
Malt Beverage License, WITH Video Lottery
221.
Yeung
Inc. Great Wall Chinese Restaurant, 315 E. North St., for a Retail (on-off sale)
Malt Beverage License, NO Video Lottery
222.
Yeung
Inc., Imperial Chinese Restaurant, 702 E. North St., for a Retail (on-off sale)
Malt Beverage License, NO Video Lottery
223.
High
Plans Securities DBA Cheyenne Casino,
224.
WR
Rapid City Ventures LP DBA Oakleaf Beer Garden,
225.
GS
Corp Inc. DBA Casa Re-al, 2315 ½ Mt. Rushmore Rd., for a Retail (on-off sale)
Malt Beverage License, WITH Video Lottery (Continue
to June 1, 2009 pending background investigation completion)
2009 – 2010 Package (off-sale) Malt Beverage License Renewals
226.
Moyle
Petroleum Company DBA Common Cents,
227.
Moyle
Petroleum Company DBA Common Cents Food Store, 1909 LaCrosse, for a Package (off
sale) Malt Beverage License
228.
Moyle
Petroleum Company DBA Common Cents Food Store,
229.
Moyle
Petroleum Company DBA Common Cents Food Store,
230.
Moyle
Petroleum Company DBA North Street Smoke Shop,
231.
Moyle
Petroleum Company DBA Common Cents,
232.
Country
Stores Inc. DBA BJ’s
233.
Fuel
Food Mart Inc. DBA Corner Pantry #5, 601 Mt. View Rd., for a Package (off sale)
Malt Beverage License
234.
Fuel
Food Mart Inc. DBA Corner Pantry #4, 901 E. North St., for a Package (off sale)
Malt Beverage License
Assessment Rolls (None)
Other Items Requiring Public Hearings (None)
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC
HEARING ITEMS
– Items 235 - 236
235.
CC051809-04
– Resolution (No. 2009-065) of Intent to Enter
into Lease of Land with Martinez Boxing Club, Inc. Pursuant to SDCL 9-12-5.2.
236.
LF040109-21 – Resolution (No.
2009-045) of Intent to Lease 80 Acres on North Elk Vale Road to Matt Kammerer
for the Purposes of a Haying Operation Only Pursuant to SDCL 9-12-5.2
BILLS
237.
No.
CC051809-01 – Bill List for
EXECUTIVE SESSION permitted by SDCL
STAFF DIRECTION
ADJOURN