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remember to turn all cellular phones off or to vibrate when entering the council
chambers.
AGENDA FOR THE CITY COUNCIL
ROLL CALL AND DETERMINATION
OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
APPROVE MINUTES for
AWARDS
1.
Veteran
of the Month
2.
Employee
Awards
3.
4.
Bill
Groethe - Executive Proclamation
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.
5.
NON-PUBLIC HEARING
ITEMS Items
6 61
Public Comment opened Items 6 52
Public Comment closed
CONSENT ITEMS Items 6 52
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
(
6.
Jeff
Salter DBA The Wine Rack,
7.
Rapid
City Catholic School System for a Special Beer and Wine License for an event scheduled
at
8.
BDUBS,
LLC DBA Buffalo Wild Wings, 715 Mountain View Rd., for a Retail (on-sale) Liquor
License TRANSFER from Lester and Webb Enterprises LLC DBA South City Tavern Bar
& Grille, 640 E. St. Patrick Street.
Public Works Committee Consent Items
9.
No. PW 081109-01 Approve the
recommendation to adopt the 2009 Edition of the Storm Water Quality Manual Storm
Water Steering Committee.
10.
No. PW081109-02 Authorize
the Mayor to Appoint a task force for the development and implementation of a
Drainage Utility Fee Storm Water Steering Committee.
11.
No. PW081109-03 Approve Change
Order No. 3F to Heavy Constructors, Inc. for the Secondary Digester Cover and
Gas Mixing Equipment Replacement, Project No. WRF07-1549A / CIP No. 50581, for
a decrease of $55,385.00.
12.
No. PW081109-04 Approve Change
Order No. 4F to Heavy Constructors, Inc. for the
13.
No. PW081109-05 Approve Change
Order No. 1F to RCS Construction, Inc. for the
14.
No.
PW081109-06 Authorize Staff to Advertise for Bids for
15.
No.
PW081109-07 Authorize Staff to Advertise for Bids for Fire Station Waterline
Reconstruction, Project No. IDP09-1791 / CIP No. 50772. Estimated cost of project: $63,000.00.
16.
No. PW081109-08 Authorize Staff to Advertise for Bids for
17.
No. PW081109-09 Authorize Staff to Advertise for Bids for Street
Rehabilitation
18.
No. PW081109-10 Authorize Mayor and Finance Officer to Sign a Professional Services
Agreement Between the City of Rapid City and FourFront Design, Inc., for the Downtown
Street Improvements Phase 2 Sixth Street from Omaha Street to Kansas City Street,
Project No. ST09-1817 / CIP No. 50138, in the amount of $237,348.00.
Legal & Finance Committee Consent Items
19.
No.
LF081209-01 Confirm appointment of Trevor Johnson to an open term on
the Historic Preservation Commission.
20.
No.
LF081209-02 Confirm appointment of Jayne Kraemer to the Citys Health
Care Committee for an indefinite term.
21.
Acknowledge
the presentation on the new version of Rapid Map.
22.
No.
LF081209-03 - Request the Mayor to re-appoint members to the Energy Policy
Committee and to update the Council after the committee has been reactivated.
23.
Separate
the erosion sediment control permit fees and drainage fees into separate funds
and to receive an update on the amounts collected in 2008 and 2009.
24.
Set
a public meeting for educational purposes regarding the
25.
No.
LF081209-04 Approve Event Permit for Festival of Lights Parade to be
held on
26.
No.
LF081209-05 Authorize Mayor and Finance Officer to sign COPS Hiring
Recovery Program Grant Award #2009RKWX0792.
27.
No.
LF081209-17 Approve Travel Request for Cathy Bock and Scott Sitts to
attend Drug/Narcotics Investigation in Longmont, CO, September 8-11, 2009, in
the approximate amount of $1,485.
28.
No.
LF081209-19 Approve the event permit for the Boys Club fun run on
29.
No. 09TP019a
Approve Citizens Advisory Committee bylaw amendments.
30.
No. 09TP019b
Approve Technical Coordinating Committee bylaw amendments.
31.
No. 09TP019c
Approve Executive Policy Committee bylaw amendments.
32.
No. 09TP020
Approve
33.
Acknowledge
the following volunteers for workmens compensation purposes: Theresa Farrell, Bridger Martin, Lizby Mathews,
Edwin Brown.
34.
No.
LF081209-07 Approve Resolution (No. 2009-093) Declaring Property Surplus.
35.
No.
LF081209-21 -
Approve the Selection of Underwriter for Issuance of Bonds for Water System Improvements.
36.
No.
LF081209-20 Approve abatement for KT Real Estate for 2008 in the amount
of $3494.34.
37.
No.
LF081209-08 Approve Resolution No. 2009-096 Plan Amendment No. 1 to
the City of
38.
No.
LF081209-09 Approve Resolution No. 2009-095 Plan Amendment No. 2 to
the City of
39.
No.
LF081209-10 Approve Resolution No. 2209-097 Summary of Material Modifications
No. 3 to the City of
40.
No.
LF081209-11 Approve Travel Request for Angela Tallon to attend Introduction
to Geoprocessing Scripts Using Python in Broomfield, CO, October 8-9, 2009, in
the approximate amount of $1,670.
41.
No.
LF081209-12 Authorize Mayor and Finance Officer to sign Contract for
Fiscal Year 2009 Community Development Block Grant Sub-Recipients Help!
42.
No.
LF081209-18 Authorize staff to solicit Requests for
Proposals for the video/audio equipment update in the City Council/School Board
Chambers.
43.
No.
LF081209-14 Authorize Mayor and Finance Officer to sign Agreement between
the City of Rapid City and Zandstra Construction Incorporated/Triple Z Real Estate
Development Limited Partnership for the Completion of Subdivision Improvements.
44.
No.
LF081209-15 Authorize Mayor and Finance Officer to sign Ground Lease
Agreement with FMLC, Inc. for North Street Fire Station property.
45.
No. LF081209-16 Approve Travel
Request for Jason Green to attend IMLAs 74th Annual Conference in Miami, FL,
October 17-22, 2009, in the approximate amount of $2,700.
Growth Management Department Consent Items (None)
END OF CONSENT CALENDAR
CONTINUED CONSENT
ITEMS Items
46 52
Remove Items from the Continued Consent
Items and Vote on Remaining Continued Consent Items
Continue the following items until
September 8, 2009:
46.
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.
47.
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.
48.
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.
49.
No.
09PL040 - A request by Centerline, Inc. for Lazy P-6 Land Co., Inc. for
a Layout
Plat on Lot 1 in Block 1 and Lots 1
thru 4 in Block 2, located in the W1/2 SW1/4 of Section 19, T1N, R8E and E1/2
SE1/4 of Section 24, T1N, R7E all located in BHM, Pennington County, South Dakota,
legally described as a parcel of land located in
the W1/2 SW1/4 of Section 19, T1N, R8E and E1/2 SE1/4 of Section 24, T1N, R7E
all located in BHM, Pennington County, South Dakota, located at
the southeast corner of the intersection of Fifth Street and Catron Boulevard.
50.
No.
09PL041 - A request by Dream Design International, Inc. for a Preliminary
Plat on Tract A of Block 2 of Heartland
Retail Center, located in the NW1/4 of the NW1/4, Section 34, T2N, R8E, Rapid
City, Pennington County, South Dakota, legally described as the unplatted balance of the NW1/4 of the NW1/4, less
the east 200 feet lying south of Cheyenne Boulevard right-of-way, Section 34,
T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Cheyenne Boulevard and
North Elk Vale Road.
Continue the following items until
September 21, 2009:
51.
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
October 5, 2009:
52.
No.
08PL131 - A request by FourFront Design, Inc. for Rapid City Economic Development
Foundation for a Preliminary Plat on Lot 1R and Lot 2 of Block 3 of Rushmore Business Park, located in the NE1/4,
Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota,
legally described as Lot 1 of Block 3 and a portion
of Government Lot 2, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City,
Pennington County, South Dakota, more particularly described as follows: Commencing
at the NΌ Corner of Section 4, Township 1 North, Range 8 East of the Black Hills
Meridian, Pennington County, South Dakota; Thence S00Ί0656W 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 N89Ί5623E 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 N89Ί5720E 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 S00Ί1120W
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 13Ί1937 and whose long
chord bears S06Ί4328E a distance of 135.30 feet; thence continuing along the
West Right-of-Way of Concourse Drive S13Ί3817E a distance of 668.79 feet; thence
S76Ί2204W a distance of 265.23 feet; thence N13Ί3701W a distance of 439.18
feet; thence S76Ί2237W a distance of 60.35 feet; thence N13Ί3723W a distance
302.02 feet; thence N77Ί5325E a distance of 57.99 feet; thence N05Ί2518W a
distance of 258.44 feet to the point of beginning, located at 333
Concourse Drive.
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS Items 53 61
Public Comment opened Items 53 61
Public Comment closed
Ordinances
53.
No.
LF081209-06 First
54.
No.
09OA005
Second 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.
55.
No.
09OA006 Second
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 District.
Growth Management Department Items
56.
No.
09PL039 - A request by Centerline, Inc. for
Legal & Finance Committee Items
57.
No. LF081209-13 - Authorize
staff to solicit Requests for Proposals for the RC Parks Restroom Renovation Project
No. PR09-0619.
Public Works Committee Items
58.
No. 07VE002 - Section
23, T1N, R7E
Approve with staff stipulations a request by Sperlich
Consulting, Inc. for Schriner Investments, LLC to consider an application for
a Vacation of Access and Utility Easement on a portion of the 66 foot wide
access and utility easement located in the NE1/4 of the NE1/4 of the NE1/4 and
the SE1/4 of the NE1/4 of the NE1/4 all located in Section 23, T1N, R7E, Rapid
City, Pennington County, South Dakota, more generally described as being located
north of Enchantment Road and west of the eastern terminus of Stumer Road.
Bids
59.
No.
CC081709-02.1
60.
No.
CC081709-02.2 Elm Avenue Reconstruction Phase 3; Project ST09-1759
/ CIP 50130 (Opened on
Mayors Items
Council Items & Liaison Reports
61.
No.
CC081709-03 A Request from Sid Hansen to reconsider an order to install
sidewalks on that portion of E Saint Patrick Street described as follows: Lots 1-8; Lot 16; Lots 9-12 Revised; Hansen
Heights, Sec 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, Alderman
Kroeger
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS
Items 62 73
Open Public Hearing (comment) Items 62 73
CONTINUED PUBLIC HEARING
CONSENT ITEMS Items 62 64
Remove Items from the Continued Public
Hearing Consent Items and Vote on Remaining Continued Public Hearing Consent
Items
Continue the following items until September 8, 2009:
62.
No.
09SV015 - A request by Centerline, Inc. for Lazy P-6 Land Co., Inc. for
a Variance
to the Subdivision Regulations to reduce the pavement width from 12 feet to 11
feet per lane as per Chapter 16.16 of the Rapid City Municipal Code on
Lot 1 in Block 1 and Lots 1 thru 4 in Block 2,
located in the W1/2 SW1/4 of Section 19, T1N, R8E and E1/2 SE1/4 of Section 24,
T1N, R7E all located in BHM, Pennington County, South Dakota, legally described
as a parcel of land located in the W1/2 SW1/4 of
Section 19, T1N, R8E and E1/2 SE1/4 of Section 24, T1N, R7E all located in BHM,
Pennington County, South Dakota, located at the southeast corner of the intersection of Fifth
Street and Catron Boulevard.
Continue the following items until
September 21, 2009:
63.
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
October 5, 2009:
64.
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 NΌ Corner of Section
4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County,
South Dakota; Thence S00Ί0656W 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 N89Ί5623E 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
N89Ί5720E 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 S00Ί1120W 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 13Ί1937 and whose long chord bears S06Ί4328E
a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse
Drive S13Ί3817E a distance of 668.79 feet; thence S76Ί2204W a distance of
265.23 feet; thence N13Ί3701W a distance of 439.18 feet; thence S76Ί2237W
a distance of 60.35 feet; thence N13Ί3723W a distance 302.02 feet; thence N77Ί5325E
a distance of 57.99 feet; thence N05Ί2518W a distance of 258.44 feet to the
point of beginning, located at 333 Concourse Drive.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) Items 62 73
CONSENT PUBLIC HEARING
ITEMS Items
65 66
Remove Items from the Consent Public
Hearing Items and Vote on Remaining Consent Items
Growth Management Items (None)
Alcohol Licenses
65.
MG
Oil Company DBA Chances Casino,
Assessment Rolls
66.
No.
LF071509-14 - Resolution Levying Assessment for Cleanup of Miscellaneous
Properties
Other Items Requiring Public Hearings (None)
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC
HEARING ITEMS
Items 67 73
67.
No.
09CA016 - A request by the City of
68.
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.
69.
No.
09PD021 - A request by Dream Design International, Inc. 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,
70.
No.
09FV003 - A request by Steven Dunn for Black Hills Power 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, located east side of Fifth Street between Cleveland and Oakland
Street.
71.
No.
09UR019
- A request by Troy Erickson for M.G. Oil Co. for a Conditional
Use Permit to allow an on-sale liquor establishment on Lot 1 of Tract A of Block 1 of Northern Heights Subdivision,
Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota,
located southwest corner of the intersection of
Lindbergh Avenue and Haines Avenue.
72.
No.
09RZ026 Second Reading, Ordinance
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.
73.
No.
09RZ032 Second Reading, Ordinance
5521, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal
Code, Rezoning the within Described Property as requested by the City of Rapid City for a Rezoning from No Use District to General
Agriculture District on 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.
BILLS
74.
No.
CC081709-01 Bill List for
EXECUTIVE SESSION for the purposes permitted by SDCL
1-25-2
STAFF DIRECTION
ADJOURN