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AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

7:00 P.M., July 6, 2009

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for June 15, 2009 Regular Council Meeting and June 10 and 29, 2009 Special Council Meetings

 

AWARDS AND RECOGNITIONS OF COUNCIL MEMBERS

 

RECESS - SWEAR IN NEW COUNCIL MEMBERS

 

RECONVENE

 

ELECTION OF OFFICERS

 

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.

 

1.                  Dan Wolken, Prairie Fire Investments

 

NON-PUBLIC HEARING ITEMS -- Items 2 – 95

 

Public Comment opened – Items 2 - 69

Public Comment closed

 

CONSENT ITEMS – Items 2 - 62

 

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 (July 20, 2009)

 

2.                  Rapid City CVB for a Special Event Beer and Wine License for an event scheduled August 23, 2009 at Memorial Park.

 

3.                  Humane Society of the Black Hills for a Special Event Beer and Wine License for an event scheduled August 22, 2009 at Canyon Lake Chophouse, 2720 Chapel Lane.

 

4.                  Cimarron Casino Inc. DBA Royal Casino II, 2530 W. Main Street Ste. 2 for a Retail (on-off sale) Malt Beverage License WITH Video Lottery TRANSFER from Cimarron Casino Inc. DBA Eastside Plaza Casino, 1000 Cambell Street

 

5.                  MG Oil Company DBA Chances Casino, 1565 Haines Ave. Ste. B for a Retail (on-off sale) Malt Beverage License WITH Video Lottery TRANSFER from MG Oil Company DBA Clock Tower Lounge, 2525 W. Main Street

 

6.                  Benjamin and Maria Munoz DBA El Ranchito Mexican Restaurant, 1012 East North Street Ste. A for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

7.                  LaMore Restaurant Group Inc. DBA Denny’s, 2206 N LaCrosse St. for a Retail (on-off sale) Malt Beverage License NO Video Lottery

 

8.                  LaMore Restaurant Group Inc. DBA Denny’s, 2206 N LaCrosse St. for a Retail (on-off sale) Wine License

 

Public Works Committee Consent Items

 

9.                  Approve a Request by Rapid City Soccer to negotiate a contract with a consultant for Professional Services for preliminary design

 

10.              Approve a Request by ATTA to negotiate a contract with a consultant for Professional Services for design.

 

11.              Acknowledge the report from Ellis on the Consultant Selection Oversight Committee

 

12.              Direct the City Attorney’s Office to prepare the amendment to the Consultant Selection Policy to increase the dollar amount of a consultant fee when you can sole source the project with a particular engineering firm from $10,000 up to $25,000. 

 

13.              Acknowledge the Update on Sales Tax report from Mayor Alan Hanks.     

 

14.              No. PW063009-02 – Approve a Request to Authorize the Public Works Director to sign an Agreement between City of Rapid City and Hills Materials Company for East St. Patrick Manhole Adjustments, Project No. MIP09-1794 / CIP No. 50298, in the amount of $12,205.00. 

 

15.              No. PW063009-03 – Approve a Request to Authorize the Public Works Director to sign a Professional Services Agreement with West Plains Engineering, Inc., for 5th Street Pedestrian Crossing, Project No. ST08-1764 / CIP No. 50750, in the amount of $2,300.00. 

 

16.              No. PW063009-04 – Approve Change Order No. 3-Final for Block 75 Parking Structure, to J. Scull Construction, Project No. IDP08-1725, for an increase of $28,349.44. 

 

17.              No. PW063009-05 – Approve Change Order No. 2-Final for East Nebraska Street Drainage Improvements, to Warax Excavating, Inc., Project No. DR07-1665 / CIP No. 50684, for a decrease of $4,179.60. 

 

18.              No. PW063009-20 – Approve Change Order 3F for Alta Vista Drive Sanitary Sewer Extension, to Grizzly Excavation, Inc., Project No. SS08-1713 / CIP No. 50541, for a decrease of $2,033.65. 

 

19.              No. PW063009-06 – Authorize Staff to Advertise for Bids for East Philadelphia Street 16” Water Transmission Main Extension, Project No. W09-1793 / CIP No. 50760.  Estimated Cost of Project:  $100,000.00.

 

20.              No. PW063009-07 – Authorize Staff to Advertise for Bids for Ice Sanding Material for winter use on City streets.  Estimated cost:  $75,000.00.

 

21.              No. PW063009-08 – Authorize Staff to Advertise for Bids for Elm Avenue Reconstruction – Phase 3, Project No. ST09-1759 / CIP No. 50130.  Estimated Cost of Project:  $1,700,000.00. 

 

22.              No. PW063009-09 – Authorize Staff to Advertise for Bids for CSAC Front Steps/ADA Ramp Improvements, Project No. GB09-1808.  Estimated Cost of Project:  $25,000.00.

 

23.              No. PW063009-10 – Authorize Staff to Advertise for Bids for Maple Avenue and East Idaho Street Reconstruction, Phase I, Project I – Project No. ST09-1809 / CIP No. 50626.  Estimated Cost of Project:  $740,000.00. 

 

24.              No. PW063009-11 – Authorize Staff to Advertise for Bids for E Saint Francis Street, E Saint Anne Street, Aspen Avenue, & E Meade Street Water Main Reconstruction Projects, Phase I, Project II – Project No. W09-1810 / CIP No. 50626. Estimated Cost of Project:  $700,000.00. 

 

25.              No. PW063009-12 – Authorize Staff to Advertise for Bids for Milo Barber Transportation Center Improvements, Project No. GB08-1765 / CIP No. 50746.  Estimated Cost of Project:  $1,620,000.00.   

 

26.              No. PW063009-14 – Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid City and Ferber Engineering Company, Inc. for the Mall Drive Utility Reconstruction Project – Haines Avenue to La Crosse Street, Project No. ST08-1753 / CIP No. 50646, in the amount of $27,555.00.

 

27.              No. PW063009-15 – Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid City and Highway Improvement Inc. for Crack Sealing, Project No. ST09-1807 / 50549, in the amount of $36,000.00.

 

28.              Approve No. PW063009-16, No. PW063009-17, and No. PW063009-18.  No. PW063009-16 – Authorize Mayor and Finance Officer to Sign an Amendment to the Agreement between City of Rapid City and Trapeze Software Group, Inc. to replace original DCC-Pro I hardware units with DCC-Pro II hardware units and increase the licensed use of the Trapeze PASS-MON Software product and Computer System Software product under the scope of the agreement, in the amount of $49,528.00.  No. PW063009-17 –Authorize Mayor and Finance Officer to Sign a Contract between the City of Rapid City and Harlow Bus Sales, for a new 2009 ADA Accessible Raised Floor Transit Vehicle, in the amount of $85,874.00.  No. PW063009-18 – Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid City and Harlow Bus Sales for a new 2009 ADA Accessible Raised Floor Transit Vehicle, in the amount of $108,374.00. 

 

29.              No. 08VE027 - Park Meadows Subdivision – Approve a request by Sperlich Consulting, Inc. for Neil Foust of Foust Construction, Inc. to consider an application for a Vacation of Utility and Minor Drainage Easement on Lot 14 of Block 5 of Park Meadows Subdivision, located in the SE1/4 NE1/4, Section, 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2423 Smith Avenue.

 

30.              No. 09TP018 – Acknowledge the report on Rapid City Area Metropolitan Planning Organization 2008 Traffic Volume Counts Report. 

 

31.              No. PW063009-19 – Approve a Request by West River Electric Cooperative to authorize granting utility easements on a portion of the S1/2SE1/4NW1/4 and the SW1/4SW1/4NE1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota and to authorize the Mayor and Finance Officer to sign the easement documents.

 

Legal & Finance Committee Consent Items

 

32.              No. LF070109-01 – Confirm appointment of Richard Huffman to the Rushmore Plaza Civic Center Board of Directors.   

 

33.              No. LF070109-04 – Confirm appointment of Malcom Chapman and Bill Waugh (City Council Representatives) and Tom Hennies (Planning Commission Representative) to the Annexation Subcommittee.

 

34.              Acknowledge the report regarding licensing for payday lenders.   

 

35.              Acknowledge the report regarding the application submitted requesting designation of Rapid City as the best tennis town in America. 

 

36.              No. LF070109-32 – Acknowledge report regarding status of the Sunshine Mobile Home Park.

 

37.              No. LF070109-05 – Acknowledge Capital Improvements Program Committee monthly update for June 2009. 

 

38.              No. LF070109-06 – Approve the Capital Plan for Streets, Drainage, MIP Projects for June 2009 striking the Morningview Drive Reconstruction Project. 

 

39.              No. LF070109-07 – Approve the following 2009 Sports Facility Partnership Fund Grant Awards from the Capital Improvement Program: 1) ASA Softball, Parkview Softball Complex (shade structure) - $5,194.13; 2) ASA Softball, Parkview Softball Complex (retaining wall) - $5,500.00; and 3) Church Softball League, Whitehead Fields (outfield fence replacement) - $3,251.25. 

 

40.              No. LF070109-08 – Recommend that the reallocation of CIP funds committed to audio visual upgrades for all pending IT projects except consultant services be referred back to the CIP committee for further discussion.   

 

41.              Acknowledge the report regarding trash pickup schedule. 

 

42.              No. LF070109-09 – Approve Event Permit for Great Black Hills Duck Race to be held on July 26, 2009.   

 

43.              No. LF061009-19 – Deny Event Permit for Uglies, Inc., d/b/a Sports Rock for street dances to be held on July 25 and August 29, 2009.   

 

44.              No. LF070109-10 – Deny Event Permit for Uglies Inc., d/b/a Sports Rock to hold street dance on September 26, 2009. 

 

45.              No. LF070109-11 – Approve Event Permit for Uglies Inc., d/b/a Sports Rock for motorcycle parking from June 17, 2009, through September 2, 2009 (Wednesdays Only).   

 

46.              No. LF070109-12 – Deny Event Permit for motorcycle parking (2 or 3 spaces) in front of the Oasis at 711 Main Street August 3 through August 9, 2009. 

 

47.              No. LF070109-14 – Approve Event Permit for A.S.A.P. Inc. (Red Ribbon Parade) to hold a parade on October 17, 2009. 

 

48.              No. LF070109-15 – Approve Event Permit for Central States Fair Parade to be held on August 22, 2009.   

 

49.              No. LF070109-16 – Approve Event Permit for Labor Day Parade to be held on September 7, 2009. 

 

50.              No. LF070109-33 – Approve Event Permit for Rushmore Little League to close Herman Street between East Chicago Street and East New York Street from 4:00 p.m. to 10:00 p.m. on July 6-11, 2009.   

 

51.              Approve ambulance rate increase of 3.3% in accordance with the regional medical CPI figures.   

 

52.              No. LF070109-21 – Authorize Mayor and Finance Officer to sign the Allocation Award between the State Historical Preservation Office, Office of History and Rapid City Historic Preservation Commission Certified Local Government Grant for 2009-2010 Project Number SD-09-015 in the amount of $10,500.   

 

53.              No. CC070609-05 - Authorize staff to distribute an RFP for an underwriter to sell water improvement revenue bonds (approximately $37,000,000 in construction funds). 

 

54.              Approve Steve Allender, Deborah Cady, Deanna Johnson, Ed Hofkamp & Tom Vlieger as authorized signatures on the Police Investigative Fund Checking Account.   

 

55.              No. LF070109-22 – Approve Resolution Declaring Property Surplus.   

 

56.              No. LF070109-23 – Approve the 2008 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant Program (CDBG).   

 

57.              No. LF070109-24 – Approve Travel Request for Barbara Garcia and Lloyd LaCroix to attend the National Summit on your City’s Families in Boston, MA, October 10-14, 2009 in the approximate amount of $5,015.   

 

58.              No. LF070109-25 – Approve Travel Request for Jim Ackland to attend Cityworks Software Training Session in Frisco, TX, August 17-21, 2009, in the approximate amount of $2,935.   

 

59.              No. LF070109-30 – Authorize Mayor and Finance Officer to sign Addendum to Leathers & Associate Contract for Vickie Powers Park Playground Construction in an amount not to exceed $5,000.   

 

60.              No. LF070109-27 – Approve Resolution No. 2009-081 Adding Two Businesses to the Business Improvement District No. 1.   

 

61.              No. LF070109-29 – Approve abatements for Walgar Development for 2007 for $793.22, 2008 for $9,522.96, 2007 for $50.26 and 2008 for $603.38.   

 

62.              Acknowledge the report from Mayor Hanks regarding an update on sales tax. 

 

Growth Management Department Consent Items (None)

 

END OF CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 63 - 69

 

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

 

Continue the following items until July 20, 2009:

 

63.              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.

 

64.              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.

 

65.              No. 09PL024 - A request by D.C. Scott Co. Land Surveyors for William M. Jobgen for a Preliminary Plat on Lots 1 and 2 of Lot 7 of Pleasant View Subdivision, located in the SE1/4 SE1/4 and in Lot B of the SW1/4 SW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 7 of Pleasant View Subdivision, located in the SE1/4 SE1/4 and in Lot B of the SW1/4 SW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located south of Miracle Lane between Carlin Street and Crane Drive.

 

Continue the following items until August 3, 2009:

 

66.              No. 08PL099 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 28 of Block 3; Tracts A, B, C and D of Block 4 of Homestead Plaza Subdivision, located in the S1/2 NW1/4 and in the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract A of F&N Subdivision, the balance of the E1/2 SW1/4 NW1/4, the balance of the SE1/4 NW1/4, located in the S1/2 NW1/4 and the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Timmons Boulevard, south of Neel Street and west of Big Sky Drive.

 

67.              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.

 

68.              No. 09PL023 - A request by Davis Engineering, Inc. for a Layout and Preliminary Plat on Lots 3R, 4, 5, 6 and 7 of Block 7, Lots 3, 4, 5 and 6 of Block 8 of Murphy Ranch Estates Subdivision, Section 14, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of Tract F of the NE1/4 of the NW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of the intersection of Springfield Road and Knuckleduster.

 

Continue the following items until October 5, 2009:

 

69.              No. 07PL134 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 12 of Block 1,  Lots 1 thru 7 of Block 2,  Lots 1 thru 4 of Block 3,  Lots 1 thru 15 of Block 4, and  Lots 1 thru 31 of Block 5 of Hyland Crossing Subdivision and the dedicated Right-of-way, located in the  W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Dreamscape Drive.

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 70 – 95

 

Public Comment opened – Items 70 – 95

Public Comment closed

 

Ordinances

 

70.              No. 09OA004 – First Reading, Ordinance No. 5519, An Ordinance Revising the Off Street Parking Requirements by Amending Section 17.50.270 of the Rapid City Municipal Code. 

 

71.              No. LF070109-18 – First Reading, Ordinance No. 5521, An Ordinance to Create a Sidewalk Vendor Permit by Amending Subsection 12.20.020 of the Rapid City Municipal Code.

 

72.              No. LF070109-19 – First Reading, Ordinance No. 5522, An Ordinance to Create A Sidewalk Vendor License by Adding Chapter 5.56 to the Rapid City Municipal Code.

 

73.              No. LF070109-26 – First Reading, Ordinance No. 5520, An Ordinance to Require a Majority Vote for Election to the Offices of Mayor and Alderman by Adding Section 1.16.030 to Chapter 1.16 of the Rapid City Municipal Code. 

 

74.              No. 09RZ027 – First Reading, Ordinance No. 5523, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Rising Properties, LLC for a Rezoning from Medium Density Residential District to General Commercial District of Lots 15 and 16 of Block 10 of Flormann Addition, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 727 Fairview Street.

 

75.              No. 09OA002 – Second Reading, 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.   

 

76.              No. LF061009-07 – Second Reading, Ordinance No. 5516, An Ordinance Regarding Supplemental Appropriation No. 4 for 2009. 

 

Growth Management Department Items

 

77.              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.

 

78.              No. 09PL025 - A request by Fisk Land Surveying & Consulting Engineers for Sandra Fredrickson for a Layout and Preliminary Plat on Lots 1 and 2 of Lot G of Tract C of the South Part of Lot 7 of Red Cliff Terrace Subdivision, located in the SW1/4 NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot G of Tract C of the South Part of Lot 7 of Red Cliff Terrace Subdivision, located in the SW1/4 NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4330 Jackson Boulevard.

 

79.              Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sidewalk along Corral Drive as they abut Lot 15R of NW1/4NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, SD, located at 3761 Corral Drive. (09EX066)

 

Legal & Finance Committee Items

 

80.              No. LF051309-21 - Request for SDCL 1-19A-11.1 Final Determination Relative to the Proposed Installation of Windows at 1819 West Boulevard Located in the West Boulevard Historic District.  (Continued from June 1, 2009 City Council meeting)

 

81.              No. LF070109-34 - Request from Cowboy Fast Draw Association to hold Fast Draw Contest at Cabela’s on July 18-19, 2009.

 

82.              No. LF070109-02 – Appointment of Wade Morris and Elizabeth Runquist to the Rapid City Parks & Recreation Advisory Board.   

 

83.              No. LF070109-03 – Confirm reappointment of Gary Brown and Dennis Landguth and Appointment of Erik Braun to the Planning Commission.

 

84.              No. LF070109-13 – Event Permit for Hotel Alex Johnson for five (5) parking spots in front of the Alex Johnson Mercantile on St. Joseph Street on Thursday evenings from 5:00 p.m. to 9:00 p.m. during the “Summer Nights’ Festivals in downtown Rapid City through September   

 

85.              No. LF070109-20 – Authorize staff to draft an 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 to have a third party engineer review the stud height design proposal.   

 

Public Works Committee Items

 

86.              No. PW063009-01 – Request from Bruce Backens for the Scotty Backens Memorial Statue.  Hadcock moved, second by Costello to acknowledge the report and recognize that the applicant will forward this to the Parks and Recreation Advisory Board, to Planning Commission for the SDCL 11-6-19 Review, and then to the City Council with an agreement to accept the structure. 

 

87.              No. 09FV003 - South Boulevard Addition (Continued from May 26, 2009) – A request by Steven Dunn for Black Hills Power to consider an application for a Fence Height Exception to allow an eight foot high fence with barbed wired in the Low Density Residential District on Lots 23 and 24, Lots 25 and 26 with a ten foot wide portion of the adjacent alley of the South Boulevard Addition, located in the NW1/4 of Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east side of Fifth Street between Cleveland and Oakland Street.       

 

88.              No. 09EX066 – A Request to Waive the Requirement to Install Sidewalk per City Ordinance 12.16.080 at 3671 Corral Drive.      

 

Bids

 

89.              No. CC070609-2.1 - Street Rehabilitation Project – Copperfield Drive Area Project No. ST09-1798 / CIP No. 50549 (Opened on June 30, 2009)

 

90.              No. CC070609-2.2 – 2009 Pavement Marking Project Project No. PM09-1779 / CIP No. 50593 (Opened on June 30, 2009)

 

91.              No. CC070609-2.3 – Street Rehabilitation Project Mahoney, Dakota Ridge, W. Omaha & Hall Street Areas Project No. ST09-1799 / CIP No. 50549 (Opened on June 30, 2009)

 

92.              No. CC070609-2.4 – Sanitary Sewer Extension East Boulevard Block 110 Original Townsite

(Kansas City Street to Quincy Street) Project No. SS08-1752 / CIP No. 50742 (Opened on June 30, 2009)

 

93.              No. CC070609-2.5 – Tower Road Water Main Project Project No. W09-1786 / CIP No. 50753 (Opened June 30, 2009)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

94.              No. CC070609-03 - Update on current revenue streams form finance sales tax and property tax and direction on 2009 and 2010 budget, Alderman Weifenbach

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

95.              No. CC070609-04 - Vision 2012 Update

 

Appeals

 

DARB

 

License application appeals

 

Sign Code Appeals

 

Other Appeals Heard by the Council

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 96 - 113

 

Open Public Hearing (comment) – Items 96 – 113

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 96 – 101

 

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

 

Continue the following items until July 20, 2009:

 

96.              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.

 

97.              No. 09CA009 - 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 with a Planned Commercial Development on 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.

 

98.              No. 09RZ026 - A request by Dream Design International, Inc. for a Rezoning from Medium Density Residential District to Office Commercial District on 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.

 

99.              No. 09SV012 - A request by D.C. Scott Co. Land Surveyors for William M. Jobgen for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way and install curb, gutter, sidewalk, street light conduit, sewer, water and additional pavement as per Chapter 16 of the Rapid City Municipal Code on Lots 1 and 2 of Lot 7 of Pleasant View Subdivision, located in the SE1/4 SE1/4 and in Lot B of the SW1/4 SW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 7 of Pleasant View Subdivision, located in the SE1/4 SE1/4 and in Lot B of the SW1/4 SW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located south of Miracle Lane between Carlin Street and Crane Drive.

 

Continue the following items until August 3, 2009:

 

100.          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.

 

Continue the following items until October 5, 2009:

 

101.          No. 07SV057 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 12 of Block 1,  Lots 1 thru 7 of Block 2,  Lots 1 thru 4 of Block 3,  Lots 1 thru 15 of Block 4, and  Lots 1 thru 31 of Block 5 of Hyland Crossing Subdivision and the Dedicated Right-of-way, located in the  W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Dreamscape Drive.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) – Items 96 – 113

 

CONSENT PUBLIC HEARING ITEMS – Items 102 – 109

 

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

 

Growth Management Items

 

102.          No. 09VR002 – Approve a request by Olsen Development Company, Inc. for a Vacation of Section Line Highway 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.

 

103.          No. 09VR003 – Approve a request by Olsen Development Company, Inc. for a Vacation of Section Line Highway 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 IGT Subdivision and less right-of-way all located in the SE1/4 of Section 22 and the SW1/4 of Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2000 Golden Eagle Drive.

 

Alcohol Licenses

 

104.          Rapid City Area Chamber of Commerce for a Special Beer and Wine License for an event scheduled July 14, 2009 at Dave Schmidt Insurance Agency, 2834 Jackson Blvd.

 

105.          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 (Continued from June 15, 2009 City Council Meeting)

 

106.          Late Harvest Inc. DBA Tally’s Silver Spoon, 530 6th St, for a Retail (on-off sale) Wine License  (Continued from June 15, 2009 City Council Meeting)

 

107.          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. (Continued from June 15, 2009 City Council Meeting)

 

108.          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. (Continued from June 15, 2009 City Council Meeting)

 

109.          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 Renewal for 2009-2010, NO Video Lottery. (Continued from June 15, 2009 City Council Meeting)

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 110 – 113

 

110.          No. 09VR004 - A request by Olsen Development Company, Inc. for a Vacation of Section Line Highway 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.

 

111.          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.

 

112.          No. 09SV013 - A request by Fisk Land Surveying & Consulting Engineers for Sandra Fredrickson for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way, to reduce the pavement width and to waive the requirement to provide sidewalk, curb, gutter, street light conduit, water and sewer along Red Cliff Terrace, to allow a five foot wide Utility and Minor Drainage Easement along the westerly line of proposed Lot 1 in lieu of an eight foot wide easement and to waive the requirement to provide a ten foot wide planting screen easement along Jackson Boulevard on Lots 1 and 2 of Lot G of Tract C of the South Part of Lot 7 of Red Cliff Terrace Subdivision, located in the SW1/4 NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot G of Tract C of the South Part of Lot 7 of Red Cliff Terrace Subdivision, located in the SW1/4 NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4330 Jackson Boulevard.

 

113.          No. 09FV008 - Section 3, T1N, R8E – A request by CETEC Engineering Services, Inc for Rapid Valley Sanitary Sewer District to consider an application for a Fence Height Exception to allow a 7 foot high fence in lieu of a 6 foot high fence in the Office Commercial Zoning District on Government Lot 1 less right-of-way, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of Twilight Drive on Reservoir Road. 

 

BILLS

 

114.          No. CC070609-01 – Bill List for July 6, 2009

 

EXECUTIVE SESSION for the purposes permitted by SDCL 1-25-2

 

STAFF DIRECTION

 

ADJOURN