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

 

 

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

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

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for July 6, 2009

 

AWARDS AND RECOGNITIONS

 

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.

 

3.                  Motorcycle parking in front of the Oasis Lounge, Margaret Jefferson

 

NON-PUBLIC HEARING ITEMS -- Items 4 - 60

 

Public Comment opened – Items 4 - 43

Public Comment closed

 

CONSENT ITEMS – Items 4 - 38

 

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

 

Appeal Set for Hearing (August 3, 2009)

 

4.                  No. 09PD021 - South Boulevard Addition - An Appeal of the Planning Commission's decision on a request by Dream Design International, Inc. to consider an application for a Planned Commercial Development - Initial and Final Development Plan 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.

 

Alcoholic Beverage License Applications Set for Hearing (August 3, 2009)

 

5.                  Matthew J. Batchelder DBA Windsor Block Grocery Co., 610 7th Street for a Package (off-sale) Malt Beverage License

 

6.                  Heinsel Investments LLC DBA Comfort Suites, 3815 Edwards St. for a Retail (on-sale) Liquor License TRANSFER from Sharaf Properties, 4507 S. I-90 Service Road

 

Public Works Committee Consent Items

 

7.                  No. PW071409-01 – Acknowledge the Source Water Protection Report Presentation

 

8.                  No. PW071409-02 – Approve Change Order No. 3-Final to Tru-Form Construction, Inc., Downtown Pavement Repair, Project No. STCM 08-1747 / CIP No. 50445, for a decrease of $17,977.05. 

 

9.                  No. PW071409-03 – Approve Change Order No. 2-Final to Site Work Specialists, Inc., Rand Road Drainage Channel Repair and Improvements, Project No. DR08-1735 / CIP No. 50733, for a decrease of $1,173.24. 

 

10.              No. PW071409-04 – Approve Change Order No. 1-Final to KRM Concrete, LLC, Miscellaneous Improvements Project 2009, Project No. MIP09-1774 / CIP No. 50298, for an increase of $9,329.37.

 

11.              No. PW071409-05 – Authorize Staff to Advertise for Bids for Ten (10) Fully Automated Garbage Collection Trucks.  Estimated Cost:  $2,236,000.00.

 

12.              No. PW071409-06 – Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid City and PLM Development, LLC, for the payment of oversize costs for public water mains and public sewer mains, in the amount of $129,249.00. 

 

13.              No. PW071409-07 – Approve the Request for Authorization to spend $275,000 to purchase salt and sand for street maintenance with funding source to be:  Unencumbered Cash - $275,000.00. 

 

14.              No. PW071409-08 – Approve the Request that City Council set the hearing date for the State Revolving Fund (SRF) Loan application for the Water Reclamation Facility Improvements Project for the August 3, 2009, City Council Meeting. 

 

15.              No. PW071409-09 – Acknowledge the Report on Update on the Status of the Flood Plain Policy Subcommittee Recommendations.

 

Legal & Finance Committee Consent Items

 

16.              Acknowledge the 2010 City Budget presentation from Mayor Hanks and set the budget hearing dates on August 10-12, 2009.   

 

17.              No. LF071509-01 - Confirm the following appointments to the Historic Sign Review Committee:  Reappointment of Jim Jackson (Three Year Term), Clancy Kingsbury (Term to Expire July 2010), and Pat Roseland (Three Year Term). 

 

18.              Acknowledge the Update on Shed Located at Jamie Johnson Field.

 

19.              No. LF071509-25 - Adopt the Green-sustainable recommendations. (Please note pages 26-31 of the attached power point.)

 

20.              No. LF071509-02 – Approve travel request for Kim Gerhardt to attend Fingerprint Examination Course for Training and Development in Seattle, WA, October 18-24, 2009, in the approximate amount of $1,712.   

 

21.              No. LF071509-03 – Approve travel request for Michaela Schanz and Kim Gerhardt to attend Palm Print Comparison Course in Champaign, IL, September 12-17, 2009, in the approximate amount of $1,884.

 

22.              No. LF071509-04 – Approve travel request for Tom Senesac, Steve Allender and Deb Cady to attend the 2009 MOCIC Conference in Duluth, MN, August 23-29, 2009, in the approximate amount of $1,872.   

 

23.              No. LF071509-05 - Approve event permit for Rushmore Little League to close Herman Street between East Chicago and East New York Street from 4:00 p.m. to approximately 10:00 p.m. July 23-31, 2009. 

 

24.              No. LF071509-06 – Approve event permit for Summer Nights to change previous permit from 6th Street to a Section of 7th Street North of Main Street to Alley A every Thursday Night commencing July 16-September 3, 2009, from 3:00 p.m. 

 

25.              No. LF071509-07 – Approve event permit for Rapid City Downtown Association for Motorcycle Parking on the North Side of Main Street between 6th Street and 7th Street August 3-9, 2009.   

 

26.              No. LF071509-08 – Approve Joint Application for 2009 Justice Assistance Grant.   

 

27.              No. LF071509-09 – Approve travel request for Cameron Humphres, Jennifer Eckman, and Jerry Mitchell to attend AAAE Conference in Philadelphia, PA, June 13-18, 2009, in the amount of $8,339.25 (previously approved in the approximate amount of $8,022.45). 

 

28.              No. LF071509-23 – Approve travel request for Paul Sterling to attend iAIM School of Arena Operations in Chicago, IL, August 16-20, 2009, in the amount of $3,338.00.   

 

29.              No. LF071509-11 – Authorize Submission of Application for Gwendolyn L. Stearns Foundation.

 

30.              No. LF071509-13 - Approve report on Retail (on-off sale) Malt Beverage License Eligible for Video Lottery.   

 

31.              No. LF071509-14 – Approve Resolution Fixing Time and Place for Hearing on August 17, 2009 for Assessment Roll for Property Cleanup. 

 

32.              No. LF071509-15 - Approve annual Report on Tax Increment Financing Districts. 

 

33.              Acknowledge the Following Volunteers for Workmen’s Compensation Purposes:  Shannon Lewis, Leah Nutter, Kelsey Bellew, Carissa Bellew, Bryaunah Stewart, Taryn Stickney.   

 

34.              No. LF071509-16 – Approve resolution No. 2009-082 Declaring Property Surplus. 

 

35.              No. LF071509-17 - Authorize Staff to Apply for Broad Band Technology Grant. 

 

36.              No. LF071509-24 – Authorize Mayor and Finance Officer to sign U.S. Department of Housing and Urban Development (HUD) Funding Approval/Agreement for Community Development Block Grant Funds for FY 2009 and to complete the Request for Release for Funds and Certification.

 

37.              No. LF071509-18 - Acknowledge Source Water Protection Report Presentation by Robert Ellis.     

 

38.              No. LF052709-01 – Approve Resolution (2009-090) of Intent to Enter into Lease with Storybook Island, Inc.   

 

Growth Management Department Consent Items (None)

 

END OF CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 39 – 43

 

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

 

Continue the following items until August 3, 2009:

 

39.              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.

 

40.              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.

 

41.              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.

 

42.              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 between Carlin Street and Crane Drive.

 

43.              No. 09PL034 - A request by Fisk Land Surveying & Consulting Engineers for Walter J. Bradsky for a Layout Plat on Lots 5A and 5B of Aspen Estates Subdivision, located in the SW1/4 of Section 12, T1N, R6E, BHM, Pennington County, South Dakota, legally described as Lot 5 of Aspen Estates Subdivision, located in the SW1/4 of Section 12, T1N, R6E, BHM, Pennington County, South Dakota, located at 7800 Elkhart Road.

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 44 – 60

 

Public Comment opened – Items 44 – 60

Public Comment closed

 

Ordinances

 

44.              No. 09RZ028 – First Reading, Ordinance 5526, 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 Heavy Industrial District of Lots 4 and 5 of Hillsview Subdivision and the 75 foot wide S.D. Highway 44 right-of-way lying adjacent and south of Lot 5 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.

 

45.              No. 09RZ029 – First Reading, Ordinance 5527, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Commercial District of that portion of Lot 15 Revised of Hillsview Subdivision described as follows: Beginning at the southwest corner of Lot 15 Revised; thence N00º03’23”W 481.98 feet, more or less; thence N90º00’00”E 129.91 feet, more or less; thence S00º00’00”E 482.22 feet, more or less; thence S38º37’42”W 80.71 feet, more or less: thence N51º22’18”W 101.19 feet, more or less to the Point of Beginning; located in the NE¼ SE¼ of Section 5, and the 75 foot wide right of way located adjacent and south of the above described property, 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.

 

46.              No. 09RZ030 – First Reading, Ordinance 5528, 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 Heavy Industrial District of that portion of Lot 15 Revised of Hillsview Subdivision described as follows: Beginning at the southeast corner of Lot 15 Revised; thence N51º22’18”W 320.51 feet, more or less; thence N38º37’42”E 80.71 feet, more or less; thence N00º00’00”W 283.40 feet, more or less; thence S89º50’46”E 200.00 feet, more or less: thence S00º00’00”E 546.00 feet, more or less to the Point of Beginning; located in the NE¼ SE¼ of Section 5, and the 75 foot wide right-of-way located adjacent and south of the above described parcel, 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.

 

47.              No. 09RZ031 – First Reading, Ordinance 5529, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Light Industrial District of that portion of Lot 15 Revised of Hillsview Subdivision described as follows: Beginning at the northeast corner of Lot 15 Revised; thence S00º00’00”E 349.61 feet, more or less; thence N89º50’46”W 200.00 feet, more or less; thence N00º00’00”W 198.82 feet, more or less; thence N90º00’00”W 129.91 feet, more or less; thence N00º03’23”W 150.00 feet, more or less; thence N89º56’06”E 330.06 feet, more or less, to the Point of Beginning; located in the NE¼ SE¼ of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the south 293 feet of Lot 6 of Marshall Subdivision, located in the SE¼ NE¼ of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Valley Drive and north of S.D. Highway 44.

 

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

 

49.              No. LF070109-26 – Second 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.  

 

Growth Management Department Items (None)

 

Legal & Finance Committee Items

 

50.              No. LF070109-31 – A request to Amend the Infrastructure Development Partnership Fund Agreement 

 

51.              Deny the event permit request for motorcycle parking on the 700 block of Main August 3-9, 2009. 

 

52.              No. LF071509-12 – Approve a Policy for Requirements for Property Owner Signatures on Development Applications.

 

Public Works Committee Items

 

53.              09EX068 – Approve with a waiver of right to protest the appeal of the denial for an Exception to Waive the Requirement to Install Sidewalk per City Ordinance 12.16.080 on property located at 1770 Centre Street, Horst Offices.

 

Bids

 

54.              No. CC072009-02.1 - Landfill Scale Approach Repair Project No. SWO09-1790/CIP No. 50769 (Opened on July 14, 2009)

 

55.              No. CC072009-02.2 - Current Model Year Backhoe (Opened July 14, 2009)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

56.              Change of law for state professional service contracts, Alderman Weifenbach

 

57.              Update on South Creek drainage issues, Alderman Weifenbach

 

58.              Update on letters that went out to Franklin Street residents with private sewers, Alderman Weifenbach

 

59.              Update on current sales tax revenues, Alderman Weifenbach

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

60.              Award informal quote for East Quincy Street Sanitary Sewer Extension Project No. SS09-1814 / CIP No. 50770 (Emergency Repair)

 

Appeals

 

DARB

 

License application appeals

 

Sign Code Appeals

 

Other Appeals Heard by the Council

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 61 – 84

 

Open Public Hearing (comment) -- Items 61 – 85

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 61 – 67

 

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

 

Continue the following items until August 3, 2009:

 

61.              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.

 

62.              No. 09CA009 - A request by Dream Design International, Inc. for an 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.

 

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

 

64.              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.

 

65.              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 between Carlin Street and Crane Drive.

 

66.              No. 09SV014 - A request by Fisk Land Surveying & Consulting Engineers for Walter J. Bradsky for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, water and sewer along S.D. Highway 44, to waive the requirement to install curb, gutter, street light conduit, water, sewer, to reduce the pavement width from 24 feet to 22 feet and to waive the requriement to dedicate right-of-way along Elkhart Road, Kenosha Road, and Canterberry Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 5A and 5B of Aspen Estates Subdivision, located in the SW1/4 of Section 12, T1N, R6E, BHM, Pennington County, South Dakota, legally described as Lot 5 of Aspen Estates Subdivision, located in the SW1/4 of Section 12, T1N, R6E, BHM, Pennington County, South Dakota, located at 7800 Elkhart Road.

 

67.              No. 09FV003 - South Boulevard Addition  – 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.     

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) – Items 61 – 85

 

CONSENT PUBLIC HEARING ITEMS – Item 68 – 78

 

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

 

Growth Management Items

 

68.              No. 09CA010 – Approve a request by Rising Properties, LLC for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Residential to General Commercial with a Planned Commercial Development on 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.

 

69.              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.

 

70.              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

 

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

 

72.              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.

 

73.              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

 

74.              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

 

75.              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

 

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

 

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

 

78.              The Lost Steer LLC DBA The Lost Steer, 5412 Hwy. 16, for a Retail (on-off sale) Malt Beverage License

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 79 – 85

 

79.              No. 09RZ027 – Second Reading, Ordinance 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 on 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.

 

80.              No. 09SE005 - A request by Mona Drole  for Ups of Downs Family Support Group for a Special Exception to the Flood Area Construction Regulations to allow temporary structures in the flood plain on Tract 20 of the Rapid City Greenway Tract, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the Memorial Park Bandshell.

 

81.              No. 09SE006 - A request by Rapid City Convention & Visitors Bureau 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 at the Memorial Park Bandshell.

 

82.              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.

 

83.              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.

 

84.              No. 09FV009 - CHMH Subdivision – A request by Machelle M. Knoll to consider an application for a Fence Height Exception to allow a six foot fence in lieu of a four foot fence in the Low Density Residential Zoning District on Lot B of Lot 1 of Block 8 of CHMH Subdivision, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 807 Sagewood Street. 

 

85.              No. 09FV010 - Airport Addition – A request by Scott Goble for SWS, LLC to consider an application for a Fence Height Exception to construct an 8 foot high fence in lieu of a six foot high fence and to allow an 8 foot high fence in the front yard setback in lieu of a 4 foot high fence in the General Commercial Zoning District on Block 20 excepting therefrom the south eight and one-half feet thereof in Airport Addition, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 232 Wright Street.   

 

BILLS

 

86.              No. CC072009-01 – Bill List for July 20, 2009

 

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

 

87.              No. LF071509-20 – A request to authorize Mayor and Finance Officer to Sign Real Estate Purchase Agreement with Robert J. Burgard and Diane E. Burgard. 

 

STAFF DIRECTION

 

ADJOURN