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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
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 1 - 74
Public Comment opened – Items 1 - 56
Public Comment closed
CONSENT ITEMS – Items 1 - 56
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 (None)
Public
Works Committee Consent Items
1.
No.
PW072809-19 – Acknowledge the
report on the change of law for state professional service contracts.
2.
Acknowledge the
report on letters that went out to
3.
No.
PW072809-01 –Approve
Change Order #1F to Rapid Construction Company, for Sixth Street Water Main –
Franklin Street to St. Charles Street, Project No. W08-1742 / CIP No. 50738, for
an increase of $1,426.11.
4.
No.
PW072809-02
–Approve Change Order
#1F to Simon Contractors of SD., Inc., for Street Rehabilitation Project –
5.
No.
PW072809-03 –Approve
Change Order #1F to Site Work Specialists, Inc., for
6.
No.
PW072809-04 –Approve
Change Order No. 2F to Simon Contractors of SD, Inc., for
7.
No.
PW072809-05 –Approve
Change Order No. 1 to Mainline Contracting, Inc., for Blaine, Halley, Holcomb,
8.
No.
PW072809-06
–Approve Change Order No.
1F to Hills Materials Company, for Street Rehabilitation Project – Harney Drive,
Harney Place and Raymond Drive, Project No. ST08-1771 / CIP No. 50549, for an
increase of $10,744.35.
9.
No.
PW072809-07 –Approve
Change Order No. 3 to Natgun Corporation, for Elk Vale Low Level Reservoir, Project
No. W07-1638 / CIP No. 50321, for a decrease of $149,630.48.
10. No. PW072809-08 –Authorize Staff to Advertise for
11. No. PW072809-10 –Authorize
Staff to Advertise for Bids West Main Street & Creek
Drive Bridge Repairs, Project No. ST09-1800 / CIP No. 50752. Estimated cost
of project: $50,000.00.
12. No. PW072809-11 –Authorize
Staff to Advertise for
13. No. PW072809-12 –Authorize Mayor and Finance Officer to
Sign a Maintenance Agreement Renewal with Johnson Controls, Inc., for the Energy
Plant, in the amount of $18,100.00.
14. No. PW072809-13 –Authorize Mayor and Finance Officer to
Sign a Maintenance Agreement Renewal with Johnson Controls, Inc., for the
15. No. PW072809-14 –Authorize Mayor and Finance Officer to
Sign an Agreement Between City of Rapid City and Landowner, Michael Kettering,
to Construct a Sewer Main in East Quincy Street and Correct a Non-conforming Sewer
Service Line which is currently failing.
16. No. PW072809-15 –Authorize Mayor and Finance Officer to
Sign a Funding Agreement Between the City of Rapid City and South Dakota Department
of Transportation, Urban Surface Transportation Program, for Letting and Construction
of State Project P 1648(03),
17. No. PW072809-16 –Authorize Mayor and Finance Officer to
Sign an Agreement Between the City of Rapid City and Warax Excavating Inc., for
the First Street Outfall 36” Flap Gate, Project No. DR09-1812 / CIP No. 50765,
in the amount not to exceed $25,000.00.
18. No. PW072809-17 –Authorize Staff to Purchase to purchase
Road Deicer – Roadway Deicing Salt. Estimated Cost: $138,000.00.
19. No. 09VE007
- Country Club Heights Subdivision – Approve a request by FMG, Inc. for Steve
Kalkman to consider an application for a Vacation of a portion of a drainage easement
on Lot 5 of Block 8 of Country Club Heights Subdivision,
located in the SW1/4, Section 10, T1N, R7E, BHM, Rapid City, Pennington County,
South Dakota, more generally described as being located at 2926
Stockade Drive.
20. No. 09TP021
– Approve 2010-2014 Rapid City Area Transportation Improvement Program Draft Report.
21. No. 09TP022
– Acknowledge the Pedestrian/Bicyclist Crash Report 2002-2008.
22. No. 09CA015
- Section 35, T2N, R7E – Approve a request by City of Rapid City
to consider an application for an Amendment to the Adopted Comprehensive Plan to revise
the Major Street Plan by eliminating, adding and realigning collector streets
on the E1/2 of the NE1/4 NE1/4, SE1/4 of the NE1/4
and the north 330 feet of the NE1/4 SE1/4, all located in Section 35, T2N, R7E,
BHM, Rapid City, Pennington County, South Dakota, more generally described
as being located west of I-190 and north of Omaha
Street (S.D. Highway 44).
Legal
& Finance Committee Consent Items
23. No. LF072909-17
– Acknowledge report from Barry Hjort the Human Relations Commission.
24. No. LF070109-31
– Acknowledge SSST, LLC’s withdrawal of request to amend the Infrastructure Development
Partnership Fund Agreement.
25. No. LF072909-01
– Approve request from Peter and Micah Schmid for a written determination that
there is no feasible and prudent alternative to the proposal and that the
program includes all possible planning to minimize harm to the historic property
located at
26. No. LF072909-02
– Confirm appointment of Jerry Steinley to an open term
on the Air Quality Board representing the home owner position vacated by Bill
Waugh to expire August 2011.
27. Request Municipal League to explore permissive legislation
to ask cities to keep records of closed sessions if they chose to do so and to
define those records as privileged and not subject to disclosure.
28. No. LF072909-07
– Acknowledge Capital Improvements Program Committee monthly update for July 2009.
29. No. LF072909-08 –
Approve Capital Plan for Streets, Drainage and MIP Projects for July 2009.
30. No. LF072909-09
– Approve Revised Government Buildings Five Year Plan.
31. Approve allocating $59,000 of previously approved Audio
Visual funds from CIP to the connection to the DOT fiber project and the balance
to the Virtualization Phase 3 project to be done in conjunction with the budget
commitment.
32. No. LF072909-18
- Approve new Special Event Application
33. Authorize staff to apply for the 2009 Assistance to
Firefighters Fire Station Construction Grant
34. No. LF072909-03
– Authorize staff to apply for Small Community Air Service Development Program
Application – Docket DOT-OST-2009-0149.
35. No. LF072909-05
– Acknowledge the following volunteers for workmen’s compensation purposes:
(See attached list)
36. No. LF072909-06
– Approve Resolution Fixing Time and Place for Hearing on
37. No. LF071509-15
– Acknowledge annual report on tax increment financing districts.
38. No. LF072909-10
– Approve Resolution Declaring Property Surplus.
39. No.
LF072909-11 – Approve the FY 2008 Consolidated Annual Performance and
Evaluation Report for the Community Development Block Grant Program (CDBG) and Authorize Mayor and Finance
Officer to sign the SF424 and Certifications for Submittal to HUD.
40. No.
LF072909-12 – Approve Subsidy Committee recommendation for FY 2009 Annual
Action Plan adjustments to allocations to comply with reduced funding for CDBG
entitlement and Council approval for the amendment.
41. Authorize staff to amend Section 3.04.090(b) of the
Rapid City Municipal Code from $15,000 to $25,000.
42. No. LF072909-13 – Authorize Mayor and Finance
Officer to Sign a Contract with Remodel-King Construction, Inc. for Executive
Golf Course Clubhouse remodeling in the amount of $38,017.26.
43. No.
LF072909-14 – Authorize Mayor and Finance Officer to sign Right-of-Way
Agreement with Dwyer Royalties LLC, Jeffery Ahlers, Scott Ahlers and Michael Ahlers,
for Acquisition For Right-of-Way and Easements Along Anamosa Street.
44. No. LF072909-04
– Authorize staff to prepare H-Lot of Lot H1 located across a portion of Tract
A and the East Half (E1/2) of vacated Cherry Avenue of the Northeast Quarter (NE1/4)
of Section Thirty-One (31), Township Two North (T2N), Range Eight East (R8E) of
the Black Hills Meridian, Rapid City, Pennington County, South Dakota, to be designated
Lot H1, containing 38,799 square feet more or less, consisting of 0.01 acres,
more or less and authorize acceptance of Deed (East Anamosa Street).
45. No. LF072909-15
– Acknowledge raffle request from Festival of Trees.
46. No. LF072909-16
– Acknowledge raffle request from Zonta Club of the
Growth
Management Department Consent Items
47. No. 09PL014
– Deny 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 CONSENT CALENDAR
CONTINUED CONSENT ITEMS – Items 48 - 56
Remove Items from the “Continued Consent Items” and
Vote on Remaining Continued Consent Items
Continue the following items until August 17, 2009:
48. 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.
49. 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.
50. 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.
51. 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.
52. 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.
Continue the following items until September 8, 2009:
53. 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.
54. 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.
Continue the following items until October 5, 2009:
55. No. 08PL124
- A request by CETEC Engineering Services, Inc.
for OS Development, Inc. for a Preliminary Plat on Lot 1 of Block 1, Lot 1 of Block 2,
Lots 1 thru 40 of Block 3, Lots 1 thru 7 of Block 4, Lots 1 thru 10 of Block 5,
Lots 1 thru 6 of Block 6, Lots 1 thru 12 of Block 7, Lots 1 thru 8 of Block 8, Lots 1 thru 10 of
Block 9, Tracts A and B and the dedicated public Right-of-way, located in the
SW1/4 NE1/4, SE1/4 NE1/4, SE1/4, Section 22 and the NE1/4 NE1/4, SE1/4 NE1/4,
SW1/4 NE1/4, Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota,
legally described as A tract of land located in
the SW¼ NE¼, SE¼ NE¼, SE¼ of Section 22 and the NE¼ NE¼, of Section 27, T1N, R8E,
BHM, Rapid City, Pennington County, South Dakota. Being more particularly described
as follows: Commencing at the East ¼ Corner of said Section 22, said point being
monumented with a nail in the surface of the asphalt of Reservoir Rd and having
two reference monuments consisting of a brass cap and iron pipe, one bears N40º53’23”W
46.84 feet, the second bears S42º28’55”W 47.86 feet; Thence S11º01’40”W 211.80
feet the True Point of Beginning, said point is on the westerly Right-of-Way line
of said Reservoir Rd; Thence N88º20’56”W 42.22 feet to the beginning of a curve
concave to the northeast having a radius of 454.00
feet; Thence along said curve a distance of 240.79 feet to the beginning point
of a reverse curve having a radius of 666.00 feet; Thence along said curve a distance
of 763.21 feet to a point; Thence N42º15’21”W 103.29 feet to the beginning of
a curve concave to the northeast having a radius of 740.00 feet; Thence along
said curve a distance of 109.90 feet to a point; Thence N04º01’19”W 212.28 feet
to a point; Thence S55º45’42”W 75.36 feet to a point; Thence N86º53’21”W 134.46
feet to a point; Thence S10º21’24”E 98.19 feet to a point; Thence S35º06’10”W
63.00 feet to a point; Thence S46º21’05”E 109.89 feet to a the beginning of a
non-tangent curve concave to the southwest having a radius of 936.00 feet and
a chord bearing of S45º14’35”E; Thence along said curve a distance of 97.60 feet
to a point; Thence S42º15’21”E 82.00 feet to a point; Thence S47º44’39”W 267.00
feet to a point; Thence S42º15’21”E 318.00 feet to the beginning of a curve concave
to the southwest having a radius of 669.00 feet; Thence along said curve a distance
of 415.25 feet to a point; Thence S04º27’54”E 52.00 feet to the beginning of a
non-tangent curve concave to the west having a radius of 669.00 feet and a chord
bearing of S00º04’26”E ; Thence along said curve a distance of 50.53 feet to a
point; Thence S02º05’22”W 618.45 feet to a point; Thence N87º54’38”W 157.00 feet
to a point; Thence S02º05’22”W 82.00 feet to a point; Thence S47º05’22”W 14.14
feet to a point; Thence N87º54’38”W 95.00 feet to a point; Thence S02º05’22”W
89.55 feet to the beginning of a curve concave to the northwest having a radius
of 407.00 feet; Thence along said curve a distance of 283.67 feet to a point;
Thence S42º01’34”W 129.91 feet to a point; Thence S47º44’39”W 76.00 feet to a
point; Thence S42º15’21”E 25.35 feet to the beginning of a curve concave to the
northeast having a radius of 1238.00 feet; Thence along said curve a distance
of 692.63’ to a point; Thence S32º05’22”W 61.42 feet to the beginning of a curve
concave to the northwest having a radius of 2060.00 feet; Thence along said curve
a distance of 464.18 feet to a point; Thence S45º00’00”W 183.94 feet to a point;
Thence S45º00’00”E 172.00 feet to a point; Thence N45º00’00”E 86.99 feet to a
point; Thence S90º00’00”E 14.14 feet to a point; Thence S45º00’00”E 100.00 feet
to a point; Thence N45º00’00”E 478.38 feet to a point; Thence S64º12’57”E 223.55
feet to the beginning of a non-tangent curve concave to the southwest having a
radius of 254.00 feet and a chord bearing of S28º27’35”E; Thence along said curve
a distance of 263.73 feet to a point; Thence S88º42’49”E 120.00 feet to the beginning
of a non-tangent curve concave to the west having a radius of 374.00 feet and
a chord bearing of S01º38’45”W; Thence along said curve a distance of 4.69 feet
to a point; Thence S02º00’19”W 29.40 feet to a point; Thence S87º59’41”E 199.00
feet to a point along the westerly Right-of-Way line of said Reservoir Road; Thence
N02º00’19”E 678.41 feet along said Right-of-Way where it intersects the South
line of the Southeast quarter of said Section 22, from which the Southeast corner
of said section 22 bears S88º27’49”E 33.00 feet, said point being monumented with
an iron rod below the surface of the asphalt; Thence N02º03’51”E 38.00 along the
Right-of-Way of said Reservoir Rd to a point; Thence N88º27’48”W 515.70 feet to
the beginning of a curve concave to the northeast having a radius of 1162.00 feet;
Thence along said curve a distance of 264.57 feet to a point; Thence N32º05’22”E
194.31 feet to the beginning of a curve concave to the northwest having a radius
of 1066.00 feet; Thence along said curve a distance of 465.06 feet to a point;
Thence S87º56’54”E 23.94 feet to the southwest corner of Tract 1 of the Bradeen
Subdivision, said point being monumented with an iron rod and cap stamped “Cetec
Eng LS 4725”; Thence N02º05’22”E 986.42 feet along the west line of said Tract
1 to the beginning of a non-tangent curve concave to the southwest having a radius
of 1014.96 feet and a chord bearing N22º20’38”W said point is also the northwest
corner of said Tract 1 and being monumented with an iron rod and cap stamped “Cetec
Eng LS 4725”; Thence along said curve a distance of 695.42 feet to a point; Thence
N42º03’11”W 203.20 feet to a point; Thence N41º26’28”W 12.09 feet to the beginning
of a non-tangent curve concave to the south having a radius of 613.96 feet and
a chord bearing of S89º59’42”E; Thence along said curve a distance of 686.58 feet
to the beginning point of a reverse curve having a radius of 506.00 feet; Thence
along said curve a distance of 268.36 feet to a point; Thence S88º20’56”E 41.85
feet to a point on the westerly Right-of-Way line of said Section 22; Thence N02º03’51”E
52.00 feet along said Right-of-Way line to the True Point of Beginning, Section
27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located
west of Reservoir Road and south of the intersection
of S.D. Highway 44 and Reservoir Road.
56. No. 07RD007
- A request by Dream Design International
for a Road
Name Change from Sammis Trail to Moon Meadows Drive legally described
as The S1/2 NW1/4, S1/2 NE1/4, N1/2 SW1/4, N1/2
SE1/4 of Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota,
located west of South Highway16 and south of Sammis
Trail.
END
OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS – Items 57 - 74
Public Comment opened – Items 57 - 74
Public Comment closed
Ordinances
57. No.
LF070109-18 - Second Reading,
Ordinance No. 5521, Ordinance to Create a Sidewalk Vendor Permit by Amending Subsection
12.20.020 of the Rapid City Municipal Code
58. No.
LF070109-19 – Second Reading,
Ordinance No. 5522, Ordinance to Create a Sidewalk Vendor License by Adding Chapter
5.56 to the Rapid City Municipal Code
59. No.
09OA005 - First Reading, Ordinance No. 5524, An Ordinance Revising
Conditional Uses Within the Heavy Industrial Zoning District by Amending Section
17.24 of the Rapid City Municipal Code
60. No.
09OA006 - First Reading, Ordinance No. 5530, An Ordinance Amending
Section 17.40.030 of the Rapid City Municipal Code by Adding a New Subsection,
17.40.030 L, to Allow Sales of Medical Supplies and Medical Equipment Rental as
a Conditional use in the Office Commercial Zoning
61. No. 09RZ032 - First Reading, Ordinance 5531, 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 Agriculture District of Lots H-3 and H-4 in the NW1/4 of Section 9, and the south
75 feet of East St. Patrick Street right-of-way located adjacent and north of
Lots H-3 and H-4, and the south 75 feet of S.D. Highway 44 right-of-way located
north of Lots H-3 and H-4 and north of South Elk Vale Road on-off ramp, all located
in Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota,
located at the intersection of East St. Patrick
Street and S.D. Highway 44.
Growth
Management Department Items
62. No. 09EX068 - Authorize the Mayor and Finance Officer to sign the waiver
of right to protest a future assessment for the installation of sidewalk along
East Highway 44 as they abut Lot 3 of Lot 4 of Lot B, Section 5, T1N, R8E, BHM,
Pennington County, South Dakota, located east of the intersection of Centre Street
and East Highway 44. (09EX068)
Legal
& Finance Committee Items
63. No. LF051309-05A
– Approve revised City of
Public
Works Committee Items
64. 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. (Continued from
Bids
65. No. CC080309-02.1 - 2009 Pavement Marking Project (Opened on
66. No. CC080309-02.2 – Ice Sanding Material (Opened
67. No. CC080309-02.3 – E. St. Francis St., E. St. Anne St., Aspen Ave.,
and E. Meade St. Water Main Reconstruction Projects – Phase 1 Project 2; Project
No. W09-1810 / CIP No. 50626 (Opened
68. No. CC080309-02.4
– Maple Ave. and E. Idaho St. Reconstruction Project Phase 1 Project 1; Project
No. ST09-1809 / CIP No. 50626 (Opened
69. No. CC080309-02.5
– East
70. No. CC080309-05
– Informal Quote for
Mayor’s
Items
Council
Items & Liaison Reports
71. No.
CC080309-06 - Select a proposal for the
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff
Items
72. No.
CC080309-07- Vision 2012 Update
Appeals
DARB
License application
appeals
Sign Code Appeals
Other Appeals
Heard by the Council
73. No. 09EX068 – Appeal of denial for an Exception
to Waive Requirement to Install Sidewalk per City Ordinance 12.16.080 on property
located at
74. 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, Block 18 of South Boulevard
Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota,
located at 336 Meade St.
CIP
Committee Items
PUBLIC HEARING ITEMS – Items 75 – 100
Open Public Hearing (comment) -- Items 75 –100
CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 75 - 78
Remove Items from the “Continued Public Hearing Consent
Items” and Vote on Remaining Continued Public Hearing Consent Items
Continue
the following items until August 17, 2009:
75. 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.
76. 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.
77. 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.
Continue the following items until September 8, 2009:
78. 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.
END
OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 75-100
CONSENT PUBLIC HEARING ITEMS – Item 79 - 87
Remove Items from the “Consent Public Hearing Items”
and Vote on Remaining Consent Items
Growth
Management Items
79. No. 08SV054
– Deny 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.
80. No. 09SV009
– Deny 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.
81. No. 08OA003
– A request by City of
Alcohol
Licenses
82. Matthew J. Batchelder DBA Windsor Block Grocery Co.,
610 7th Street for a Package (off-sale) Malt Beverage License
83. 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
84. 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 (Continued from July 20, 2009)
85. LaMore Restaurant Group Inc. DBA Denny’s,
86. LaMore Restaurant Group Inc. DBA Denny’s,
87. The Lost Steer LLC DBA The Lost Steer, 5412 Hwy. 16,
for a Retail (on-off sale) Malt Beverage License (Continued from
Assessment
Rolls
Other
Items Requiring Public Hearings
END
OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS – Items 88 – 100
88. No. PW071409-08
- Public Hearing for the State Revolving Fund (SRF) Loan application for the Water
Reclamation Facility Improvements Project
89. No. LF052709-01 – Public Hearing
for the Resolution (2009-090) of Intent
to Enter into Lease with Storybook Island, Inc.
90. No. CC080309-04
– Approve lease agreement with Storybook Island, Inc.
91. No. 09RZ026
- Second Reading, 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 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.
92. No. 09RZ028
– Second Reading, Ordinance No. 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 on 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.
93. No. 09RZ029
- Second Reading, Ordinance No. 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 on 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.
94. No. 09RZ030
- Second Reading, Ordinance No. 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 on 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.
95. No.
09RZ031 - Second Reading, Ordinance No. 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 on 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.
96. 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, more generally described as being located at 336 Meade Street.
97. No. 09CA011
- A request by City of Rapid City for
an Amendment to
the Adopted Comprehensive Plan to change the land use designation from General
Commercial to Heavy Industrial with a Planned Industrial Development on
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.
98. No. 09CA012
- A request by City of Rapid City for an
Amendment to
the Adopted Comprehensive Plan to change the land use designation from Low Density
Residential to General Commercial on that portion of Lot 15 Revised of Hillsview Subdivision described as follows:
Commencing at the southwest corner of Lot 15 Revised; thence N00º03’23”W 283.51
feet, more or less, to the Point of Beginning; thence N00º03’23”W 198.47 feet,
more or less; thence N90º00’00”E 129.91 feet, more or less; thence S00º00’00”E
198.82 feet, more or less; thence N89º50’46”W 129.72 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, located west
of Valley Drive and north of S.D. Highway 44.
99. No. 09CA013
- A request by City of Rapid City for an
Amendment to
the Adopted Comprehensive Plan to change the land use designation from Low Density
Residential to Light Industrial with a Planned Industrial Development
on 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.
100. No. 09CA014
- A request by City of Rapid City for an
Amendment to
the Adopted Comprehensive Plan to change the land use designation from General
Commercial to Heavy Industrial Industrial with a Planned Industrial Development
on 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.
BILLS
101. No. CC080309-01
– Bill List for
EXECUTIVE SESSION for the purposes permitted by SDCL
STAFF DIRECTION
ADJOURN