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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
GENERAL PUBLIC COMMENT
A time for the members of the public
to discuss or express concerns to the Council on any issue not on the agenda.
Action will not be taken at the meeting on any issue not on the agenda,
except by placement on the agenda by unanimous vote of the Council members present.
NON-PUBLIC HEARING
ITEMS -- Items
3 - 72
Public Comment opened – Items 3 - 56
Public Comment closed
CONSENT ITEMS – Items 3 - 51
Remove Items from the “Consent Items”
and Vote on Remaining Consent Items
Vacations of Right-Of-Way Set for Hearing (
3.
No.
09VR002 - A request by Olsen Development Company, Inc. for a Vacation of
Right-of-Way of the south 495 feet of
the NE1/4 SE1/4 less Lot 1 and the unplatted portion of the SE1/4 SE1/4, all located
in the SE1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South
Dakota, located at 2000 Golden Eagle Drive.
4.
No.
09VR003 - A request by Olsen Development Company, Inc. for a Vacation of
the Section Line Right-of-Way of the
south 495 feet of the NE1/4 SE1/4 less Lot 1 and the unplatted portion of the
SE1/4 SE1/4, and Tract B of Tract 1 of the W1/2 SW1/4 less the
5.
No.
09VR004 - A request by Olsen Development Company, Inc. for a Vacation of
the Section Line Right-of-Way of the
south 495 feet of the NE1/4 SE1/4 less Lot 1 and the unplatted portion of the
SE1/4 SE1/4, of Section 22 and the E1/2 N1/2 NE1/4 of Section 27, all located
in the SE1/4 of Section 22 and the NE1/4 of Section 27, T1N, R7E, BHM, Rapid City,
Pennington County, South Dakota, located at 2000 Golden Eagle Drive.
6.
No.
09VR005 - A request by Fisk Land Surveying & Consulting Engineers for Tom
Rau and Dana Vogt for a Vacation of Right-of-way of Lot 16 of Block 2 and Lot 18 of Block 1 of Country Club
Heights, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota,
located at 2809 and 2812 Frontier Drive.
Alcoholic Beverage License Applications Set for Hearing
(None)
Public Works Committee Consent Items
7.
No.
PW060909-01 – Approve Change Order No. 1 Final for Levee Storm Sewer Flap
Gates, to Mainline Contracting, Inc., Project No. DR08-1736 / CIP No. 50732, for
an increase of $2,499.90.
8.
No.
PW060909-02 – Approve Change Order No. Final for
9.
No.
PW060909-03 – Approve Change Order No. 1 Final for East Anamosa Street
Extension Project, to Heavy Constructors, Inc., Project No. 07-0393, for an increase
of $22,384.35.
10.
No. PW060909-04 – Approve Change
Order No. 2 Final for
11.
No.
PW060909-05 – Approve Change Order No.
1-A Final for Fairmont Boulevard / US Highway 16 Intersection Reconstruction,
Project No. ST05-1251 for $0.00 (Correct Funding Distribution).
12.
No. PW060909-06 – Authorize
Staff to Advertise for Bids for a New Current Model Year Backhoe for the Water
Division. Replacement for John Deere 510 Backhoe. Estimated Cost:
$158,500.
13.
No. PW060909-07 – Authorize
Staff to Advertise for Bids for Landfill Leachate Removal and Remediation, Project
No. LF07-1681 / CIP No. 50694. Estimated Cost of Project: $246,000.00.
14.
No. PW060909-08 – Authorize
Mayor and Finance Officer to Sign an Agreement with Steve Becher for the right
to harvest alfalfa from a certain property owned by the City of Rapid City in
the amount of $11,201.00.
15.
No. PW060909-09 – Authorize
Mayor and Finance Officer to Sign Amendment Number 1 to the agreement with Albertson
Engineering, Inc. for the Block 75 Parking Structure Third Level Addition, Project
No. IDP08-1725, in the amount of $2,315.92.
16.
No. PW060909-10 – Authorize
Mayor and Finance Officer to Sign an Interruptible General Gas Service Agreement
between the City of Rapid City Common Energy Plant and Montana-Dakota Utilities
Company to have natural gas delivered.
17.
No. PW060909-11 – Authorize
Mayor and Finance Officer to Sign a Standard Agreement and Authorization for Services
between the City of
18.
No. PW060909-12 – Authorize
Mayor and Finance Officer to Sign an Agreement between the City of Rapid City
and
19.
No. PW060909-13 – Authorize Mayor and Finance Officer to Sign an Agreement between
the City of
20.
No. PW060909-14 – Authorize
Mayor and Finance Officer to Sign Supplemental Agreement No. 1 between the City
of Rapid City and Stanley Consultants, Inc., to provide additional services for
the Energy Plant Study Project, Project No. PW08-1741, in the amount of $7,300.00.
21.
No.
09VE002 - Owen
Mann Tract – Deny without prejudice at the applicant’s request the request
by Code Works to consider an application
for a Vacation of Utility and Drainage Easement
on Lots 1 and 2 of Lot C of Block 5 of Owen Mann
Tract, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota,
more generally described as being located at 3220
West Main Street.
22.
No.
PW060909-16 – Authorize the Mayor and Finance Officer to sign a public
utility easement granting a 20 foot wide sewer easement across Lot 2, Owen Hibbard
Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.
23.
No. PW060909-15 – Approve Change
Order No. 001 for
Legal & Finance Committee Consent Items
24.
No.
LF061009-22 – Authorize Mayor and Finance Officer to sign Agreement between
the City of Rapid City and SSST, LLC for the Completion of Subdivision Improvements
Secured by Bond Number 105245299.
25.
No.
LF061009-23 – Authorize Mayor and Finance Officer to sign Agreement between
the City of Rapid City and SSST, LLC for the Completion of Subdivision Improvements
Secured by Bond Number 105245300.
26.
Acknowledge the report regarding the Wally Byam sale.
27.
No.
LF061009-01 – Approve DUI Overtime and Special Event Program.
28.
No.
LF061009-02 – Approve DUI Enforcement Program.
29.
No.
LF061009-03 – Approve Travel Request for Kim Gerhardt to attend Fundamentals
of Latent Prints Introductory Course in Fingerprints for Forensic Examiner in
Hammond, IN, July 26-August 1, 2009, in the approximate amount of $1,695.
30.
No.
LF061009-04 – Approve Travel Request for Steve Allender to attend International
Association of Chiefs of Police Annual Conference in Denver, CO, October 2-7,
2009, in the approximate amount of $1,760.
31.
Authorize
staff to apply for 2009 Assistance to Firefighters Grant from Homeland Security.
32.
No.
LF061009-05 – Approve Resolution Writing Off Uncollectable Ambulance Billing
Accounts.
33.
No.
LF061009-24 – Approve Travel Request for Mark Rohlfing and Tim Kobes to
attend Missouri Valley Fire Chiefs Conference in Overland Park, KS, July 8-10,
2009, in the approximate amount of $2,340.
34.
No.
LF061009-25 – Approve Event Permit for the Rapid City Fire Department/
Pennington County Firefighter Association to use the metered parking spots in
front of 603 Quincy Street and to block off 6th Street from the intersection of
6th Street and Quincy Street to just north of the alley access on June 12-13,
2009.
35.
No.
LF061009-06 – Approve Travel Request for Cameron Humphres and Ron Johnsen
to attend AAAE/
36.
No.
09TI001 –
Approve a request by Ferber Engineering Co., Inc. for North Street Fire Station,
LLC to consider an application for a Revised Project Plan for Tax Increment
District No. 69 on that portion of the
SE1/4 north of Interstate 90 less Tract A of the NE1/4 SE1/4 including that portion
of vacated East Mall Drive being part of the outside edge of Lot H5; Lot B-1 of
Lot B of SE1/4 NE1/4; Lot A of Lot 1 and the balance of Lot 1, Lot A & B of
Lot 3 and Lot 3 less Lots A & B, Lot 2, all of Silver Strike Subdivision;
that portion of SW1/4 north of Interstate 90 including vacated East Mall Drive
within said SW1/4 less Lot 1 of NE1/4 SW1/4, less Lots 1 & 2 of NW1/4 SW1/4;
Lot 1 of NE1/4 SW1/4 including vacated East Mall Drive within said lot; NW1/4
including vacated East Mall Drive located within said NW1/4, less lots AR, B,
C less E1/2 NE1/4 NW1/4, less E1/2 NW1/4 NE1/4 NW1/4; Lots B & C of NW1/4;
Lot AR; E1/2 NW1/4 NE1/4 NW1/4; SE1/4 NE1/4 NW1/4; NE1/4 NE1/4 NW1/4; that portion
of Lot D located in the NW1/4 NE1/4; Lot A and Lot C in NW1/4 NE1/4; Right of
way of East Mall Drive; Right of way of North Street; Right of way of Distribution
Lane; all located in Section 29, T2N, R8E, BHM, Rapid City, Pennington County,
South Dakota; and the Intersection of East Mall Drive and Dyess Avenue located
in the western portion of Section 28 and the eastern portion of Section 29, T2N,
R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described
as being located north of U.S. Interstate 90, east of LaCrosse Street
and west of Dyess Avenue.
37.
Acknowledge
the following volunteers for workmen’s compensation purposes: Lauren Peiffer and Brittney Seitz.
38.
No.
LF061009-08 – Declare three transformers surplus and authorize using these
items as trade-ins.
39.
No.
LF061009-09 – Approve Resolution No. 2009-071 Declaring Property Surplus.
40.
No. LF061009-10 – Approve Resolution
No. 2009-072 to Amend the Contract between AFSCME and the City of
41.
No.
LF061009-11 – Approve Travel Request for Tammie Krumm to attend Annual
Public Sector Human Resources Professional Conference in Nashville, TN, September
11-16, 2009, in the approximate amount of $2,897.
42.
No. LF061009-12 – Authorize
Mayor and Finance Officer to sign Agreement with Rapid City Racers Swim Club,
Inc.
43.
No. LF061009-13 – Approve Parks
and Recreation Facilities Partnership Program Revisions.
44.
No.
LF061009-14 – Authorize Mayor and Finance Officer to sign Lease Agreement
with Rapid City Lodge No. 1187 of the Benevolent and Protective Order of Elks
for Property Located at the Southern Edge of the Wally Byam Site.
45.
No.
LF061009-15 – Authorize Mayor and Finance Officer to sign Covenant Agreement
with Big D Oil Co.
46.
No.
LF061009-17 – Approve request from Sandra Curtis, d/b/a Granny’s Goodies,
for 2009 Ice Cream Vending License.
47.
No.
LF061009-18 – Approve Raffle Request for the
48.
No.
LF061090-20 – Authorize Mayor and Finance Officer to sign Memorandum of
Understanding with AFSCME regarding shift differential pay.
Growth Management Department Consent Items
49.
Approve
to authorize the Mayor and Finance Officer to sign the waiver of right to protest
a future assessment for the installation of sidewalk along
50.
Approve
to authorize the Mayor and Finance Officer to sign the waiver of right to protest
a future assessment for the installation of sidewalk along
51.
No.
09PL016 – To Deny Without Prejudice
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.
END OF CONSENT CALENDAR
CONTINUED CONSENT
ITEMS – Items
52 - 56
Remove Items from the “Continued Consent
Items” and Vote on Remaining Continued Consent Items
Continue the following items until July 6, 2009:
52.
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.
53.
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.
54.
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.
55.
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.
Continue the following items until
July 20, 2009:
56.
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.
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS – Items 57 - 72
Public Comment opened – Items 57 – 72
Public Comment closed
Ordinances
57.
No.
09OA002 – First
Reading of Ordinance No. 5517, An Ordinance Revising Permitted and Conditional
Uses and Area Regulations within the Airport Zoning District by Amending Section
17.58 of the Rapid City Municipal Code.
58.
No.
LF061009-07 – First
59.
No.
09RZ026 – First Reading of Ordinance No.
5518, 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 18 of South Boulevard Addition,
Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota,
located at 336 Meade Street.
Growth Management Department Items
60.
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.
61.
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.
62.
No.
09PL022 - A request by Britton Engineering and Land Surveying for Fredrick and
Arlene White for a Layout Plat on Lot 7R of Block 2 of Green Valley Estates, located in the SE1/4 of Section
23, T1N, R8E, BHM, Pennington County, South Dakota, legally described as
Lots 7 and 8 of Block 2 of Green Valley Estates,
located in the SE1/4 of Section 23, T1N, R8E, BHM, Pennington County, South Dakota,
located at 5811 Green Tree Drive.
63.
No.
07VE002 - Section 23, T1N, R7E – A request by Sperlich Consulting, Inc.
for Schriner Investments, LLC to consider an application for a Vacation of Access
and Utility Easement on a portion of the 66 foot wide access and utility easement
located in the NE1/4 of the NE1/4 of the NE1/4 and the SE1/4 of the NE1/4 of the
NE1/4 all located in Section 23, T1N, R7E, Rapid City, Pennington County, South
Dakota, more generally described as being located north of Enchantment Road and
west of the eastern terminus of Stumer Road.
64.
No.
09EX058 – A request to waive the requirement
to install sidewalk along Cambell Street as per City Ordinance No. 12.16.080 on
Lot 1 South Yard Subdivision Section 17, T1N, R8E, BHM, Rapid City, Pennington
County, South Dakota.
Legal & Finance Committee Items
65.
Request that ATTA provide a letter to the City Council setting out
the scope of work to be done with the requested $150,000 from 2012 funds.
66.
No.
LF061009-19 – Approve Event Permit for Ugly, Inc., d/b/a Sports Rock for
Street Dances to be held on June 27, July 25, and August 29, 2009
67.
No.
LF061009-21 – Approve of abatement for Ardyth J. Peterson for 2008 in
the amount of $80.18
68.
No.
LF061009-16 – Authorize Mayor and Finance Officer to sign Developer’s
Agreement with HDRK Properties, LLC for Tax Increment District No. 56.
Public Works Committee Items
69.
09EX064
– Approve with a “waiver of right to protest” a request to waive the requirement
to install sidewalk along South Valley Drive and East Saint Andrew Street as per
City Ordinance No. 12.16.080 at Mel’s Auto Body, 1755 South Valley Drive (Lot
N of Tract A, Schlottman Addition) Section 5, T1N, R8E, BHM, Rapid City, Pennington
County, South Dakota.
70.
No. CC061509-03 – Horace Mann
Pool Update
Bids
71.
No.
CC061509-02.1 – Fifteen (15) Transit Shelters for Rapid Transit Division
(Opened on
Mayor’s Items
Council Items & Liaison Reports
72.
Direction
for 2010 Budget, Alderman Weifenbach
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 73 – 110
Open Public Hearing (comment) – Items 73 – 110
CONTINUED PUBLIC HEARING
CONSENT ITEMS – Items 73 – 75
Remove Items from the “Continued Public
Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent
Items
Continue the following items until July 6, 2009:
73.
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.
74.
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.
Continue the following items until
July 20, 2009:
75.
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.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) – Items 73 – 110
CONSENT PUBLIC HEARING
ITEMS – Items
76 – 103
Remove Items from the “Consent Public
Hearing Items” and Vote on Remaining Consent Items
Growth Management Items
76.
No.
09FV006 - Mall
Drive Subdivision – A request by Eric Lytle
for Upper Deck Architects, Inc. to consider an application for a Fence Height
Exception to allow a 12 foot high fence in lieu of an 8 foot high fence in the
Light Industrial Zoning District on Lot
3A of Mall Drive Subdivision, Section 28, T2N, R8E, BHM, Rapid City, Pennington
County, South Dakota, more generally described as being located at 3440 E. Mall Drive.
77.
No.
09CA008 - A request by James L. Scull, Jr. for an Amendment to the Adopted Comprehensive
Plan to change the land use designation from General Commercial to Light Industrial
with a Planned Industrial Development on a parcel of land, located in the SW¼ SW¼ of Section 32,
T2N, R8E, BHM, Rapid City, Pennington County, South Dakota. The Point of Beginning
of said parcel being identical with the northwesterly corner of Lot 2 of SSJE
Subdivision recorded at the Pennington County Register of Deeds Office in Plat
Book 29 Page 167, said corner being marked with a 5/8” rebar with survey cap said
corner being the Point of Beginning: Thence First Course: along the northerly
line of said Lot 2 a bearing of S89º56'10"E and a distance of 273.99 feet
to 5/8” iron rod; Thence Second Course: along a line bearing S89º57’50”E and a
distance of 617.49 feet to a the northeasterly corner of said Parcel and an intersection
with the Section 1/16th line of said Section 32; Thence Third Course: along said
Section 1/16th line a bearing of S00º07’24”W and a distance of 813.51 feet to
the West 1/16 corner of said Section 32 which is marked with a magnetic nail with
flasher marked “LS 4371”; Thence Fourth Course: along the southerly section line
of said Section 32 a bearing of N89º52’58”W and a distance of 630.09 feet to a
5/8’ rebar with survey cap marked “LS 4371”; Thence Fifth Course: continuing along
the southerly section line of said Section 32 a bearing of N89º52’47”W and a distance
of 170.11 feet to the southwesterly corner of Lot 7 of said SSJE Subdivision marked
with a 5/8’ rebar with survey cap marked “LS 4897”; Thence Sixth Course: along
the westerly line of said Lot 7 a bearing of N00º09’09”E and a distance of 205.41
feet to the northwesterly corner of said Lot 7 and an intersection with the southerly
right-of-way line of Jess Street marked with a 5/8’ rebar with survey cap marked
“LS 4897”; Thence Seventh Course: along a line with a bearing of N49º19’44”W and
a distance of 87.31’ to an intersection with the northerly right-of-way line of
Jess Street and the southwesterly corner of Lot 2 of Lot A of D.D.E. Subdivision
as recorded in Plat Book 29, Page 68; Thence Eighth Course: along the westerly
line of said Lot 2 of Lot A a bearing of N00º00’30”E and a distance of 150.00
feet;Thence Ninth Course: continuing along the westerly line of said Lot 2 of
Lot A a bearing of S89º53'09”W and a distance of 25.00 feet; Thence Tenth Course:
continuing along the westerly line of said Lot 2 of Lot A a bearing of N00º09’42”E
and a distance of 52.51 feet to the southwesterly corner of Lot 1 of said SSJE
Subdivision marked with a 5/8’ rebar; Thence Eleventh Course: along the westerly
line of said Lot 1 a bearing of N00º26’40”E and a distance of 119.65 feet to the
southwesterly corner of Lot 2 of said SSJE Subdivision marked with a 5/8’ rebar;
Thence Twelfth Course: along the westerly line of said Lot 2 a bearing of N00º00’48”E
and a distance of 228.14 feet to the Point of Beginning. Basis of Bearings established
by
78.
No.
09OA003 - A request by City of
Alcohol Licenses
79.
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
80.
Late
Harvest Inc. DBA Tally’s Silver Spoon,
81.
Rushmore
German Club for a Special Event Beer License for events scheduled August 21 through
29, 2009 at the Central States Fair, 800
82.
Rapid
City Regional Hospital Foundation for a Special Event Wine License for an event
scheduled
83.
Black
Hills Heritage Festival for a Special Event Beer and Wine License for events scheduled
July 1 through 4, 2009 at Memorial Park
84.
Ugly
Inc DBA Budd Ugly’s,
85.
Kelly
Remily DBA Delmonico Grill, 609 Main Street, for a Retail (on-off sale) Malt Beverage
License, NO Video Lottery
86.
Kelly
Remily DBA Delmonico Grill,
87.
Khoury’s
Mediterranean Cuisine Inc. DBA Khoury’s Mediterranean Cuisine, 1109 W Omaha Street
Suite D for a Retail (on-off sale) Malt Beverage License, NO Video Lottery TRANSFER
from Khoury’s Mediterranean Cuisine, 2520 W Main St.
88.
Khoury’s
Mediterranean Cuisine Inc. DBA Khoury’s Mediterranean Cuisine, 1109 W Omaha Street
Suite D for a Retail (on-off sale) Wine License TRANSFER from Khoury’s Mediterranean
Cuisine, 2520 W Main St.
2009 – 2010 Retail (on-off sale) Malt
Beverage License Renewals
89.
Coco
Palace LLC DBA Coco Palace, 1900 N. Maple Ave., for a Retail (on-off sale) Malt
Beverage License, NO Video Lottery
90.
Mae
Jean Adams DBA The Corn Exchange, 727 Main St., for a Retail (on-off sale) Malt
Beverage License, NO Video Lottery
91.
Sergio
and Ana Line Munoz DBA Sabor A Mexico, 208 E North Street for a Retail (on-off
sale) Malt Beverage License, NO Video Lottery
92.
Khoury’s
Mediterranean Cuisine Inc. DBA Khoury’s Mediterranean Cuisine, 1109 W Omaha Street
Suite D for a Retail (on-off sale) Malt Beverage License, NO Video Lottery
93.
Bach
Investment Inc DBA Hideaway Casino, 1575 N LaCrosse Street Suite D for a Retail
(on-off sale) Malt Beverage License, WITH Video Lottery
94.
Northstar
Inc. DBA Hunan Chinese Restaurant, 1720 Mt. Rushmore Rd. for a Retail (on-off
sale) Malt Beverage License, NO Video Lottery
95.
Chrisbro
LLC DBA Hampton Inn,
96.
Northcott
Company DBA Perkins Restaurant and Bakery, 2305 Mt. Rushmore Rd. for a Retail
(on-off sale) Malt Beverage License, NO Video Lottery
97.
Northcott
Company DBA Perkins Restaurant and Bakery, 1715 N LaCrosse St. for a Retail (on-off
sale) Malt Beverage License, NO Video Lottery
98.
Kelly
Remily DBA Delmonico Grill, 609 Main Street, for a Retail (on-off sale) Malt Beverage
License, NO Video Lottery
2009 – 2010 Package (off-sale) Malt
Beverage License Renewals
99.
100.
Nash
Finch Company DBA Family Thrift Center #254, 855 Omaha St. for a Package (off-sale)
Malt Beverage License
101.
I-90
Service Center Inc. DBA I-90 Service Center,
102.
Wal-mart
Stores Inc. DBA Wal-mart Supercenter 1604, 1200 N LaCrosse St. for a Package (off-sale)
Malt Beverage License
103.
Burnell
Lutz DBA One Stop Shop and Laundry, 1903 N Maple for a Package (off-sale) Malt
Beverage License
Assessment Rolls
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC
HEARING ITEMS
– Items 104 – 110
104.
No.
09RZ022
- Second Reading, 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. (Continued from
105.
No.
09RZ025 - Second Reading, Ordinance
No. 5515, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City
Municipal Code, Rezoning the within Described Property as requested by A request
by James L. Scull, Jr. for a Rezoning from
General Commercial District to Light Industrial District of a parcel of land, located in the SW¼ SW¼ of Section 32,
T2N, R8E, BHM, Rapid City, Pennington County, South Dakota. The Point of Beginning
of said parcel being identical with the northwesterly corner of Lot 2 of SSJE
Subdivision recorded at the Pennington County Register of Deeds Office in Plat
Book 29 Page 167, said corner being marked with a 5/8” rebar with survey cap said
corner being the Point of Beginning: Thence First Course: along the northerly
line of said Lot 2 a bearing of S89º56'10"E and a distance of 273.99 feet
to 5/8” iron rod; Thence Second Course: along a line bearing S89º57’50”E and a
distance of 617.49 feet to a the northeasterly corner of said Parcel and an intersection
with the Section 1/16th line of said Section 32; Thence Third Course: along said
Section 1/16th line a bearing of S00º07’24”W and a distance of 813.51 feet to
the West 1/16 corner of said Section 32 which is marked with a magnetic nail with
flasher marked “LS 4371”; Thence Fourth Course: along the southerly section line
of said Section 32 a bearing of N89º52’58”W and a distance of 630.09 feet to a
5/8’ rebar with survey cap marked “LS 4371”; Thence Fifth Course: continuing along
the southerly section line of said Section 32 a bearing of N89º52’47”W and a distance
of 170.11 feet to the southwesterly corner of Lot 7 of said SSJE Subdivision marked
with a 5/8’ rebar with survey cap marked “LS 4897”; Thence Sixth Course: along
the westerly line of said Lot 7 a bearing of N00º09’09”E and a distance of 205.41
feet to the northwesterly corner of said Lot 7 and an intersection with the southerly
right-of-way line of Jess Street marked with a 5/8’ rebar with survey cap marked
“LS 4897”; Thence Seventh Course: along a line with a bearing of N49º19’44”W and
a distance of 87.31’ to an intersection with the northerly right-of-way line of
Jess Street and the southwesterly corner of Lot 2 of Lot A of D.D.E. Subdivision
as recorded in Plat Book 29, Page 68; Thence Eighth Course: along the westerly
line of said Lot 2 of Lot A a bearing of N00º00’30”E and a distance of 150.00
feet;Thence Ninth Course: continuing along the westerly line of said Lot 2 of
Lot A a bearing of S89º53'09”W and a distance of 25.00 feet; Thence Tenth Course:
continuing along the westerly line of said Lot 2 of Lot A a bearing of N00º09’42”E
and a distance of 52.51 feet to the southwesterly corner of Lot 1 of said SSJE
Subdivision marked with a 5/8’ rebar; Thence Eleventh Course: along the westerly
line of said Lot 1 a bearing of N00º26’40”E and a distance of 119.65 feet to the
southwesterly corner of Lot 2 of said SSJE Subdivision marked with a 5/8’ rebar;
Thence Twelfth Course: along the westerly line of said Lot 2 a bearing of N00º00’48”E
and a distance of 228.14 feet to the Point of Beginning. Basis of Bearings established
by
106.
No.
09FV005 - South Point Subdivision – A request by Don and Lori Ebsen to
consider an application for a Fence Height exception to allow a six foot high
fence in the front yard setback on Lot 21 of Block 2 of South Pointe Subdivision,
Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally
described as being located at 4827 Mandalay Lane.
107.
No.
09SE004 - A request by Black Hills Heritage Festival for a Special Exception
to the Flood Area Construction Regulations to allow temporary structures in the
flood plain 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.
108.
Authorize
the Mayor and Finance Officer to sign the waiver of right to protest a future
assessment for the installation of water along
109.
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.
110.
No.
09FV007 - Vista
Lake Subdivision – A request by Site Dynamics,
Inc. for
BILLS
111.
No.
CC061509-01 – Bill List for
EXECUTIVE SESSION for the purposes permitted by SDCL
STAFF DIRECTION
ADJOURN