AGENDA FOR THE CITY COUNCIL
ROLL CALL AND DETERMINATION
OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
APPROVE MINUTES for
AWARDS
1.
Veteran
of the Month
2.
Employee
Awards
GENERAL PUBLIC COMMENT
A time for the members of the public
to discuss or express concerns to the Council on any issue not on the agenda.
Action will not be taken at the meeting on any issue not on the agenda,
except by placement on the agenda by unanimous vote of the Council members present.
NON-PUBLIC HEARING
ITEMS -- Items
3 - 148
Public Comment opened – Items 3 - 131
Public Comment closed
CONSENT ITEMS – Items 3 – 123
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
(
Retail (on-off sale) Wine License Renewals
3.
4.
Uncork’d
Wine and Tapas Bar LLC,
5.
Bully
Blends Coffee and Tea Inc DBA Bully Blends Coffee and Tea,
6.
Linda
and Frank Morrison DBA Thirstys,
7.
Leading
Edge Management LLC DBA Buffalo Wings and Rings,
8.
TADY
LLC DBA Sports Buzz Family Food N Fun,
9.
Piesano’s
Pacchia Inc DBA Piesano’s Pacchia, 3618 Canyon Lake Dr. #33, for a Retail (on-off
sale) Wine License
10.
Chrisbro
LLC DBA Hampton Inn,
11.
Rhonda
Berger and Jim Berger DBA Ichiban,
12.
Late
Harvest Inc. DBA Tally’s Silver Spoon,
13.
Mae
Jean Adams DBA The Corn Exchange,
14.
Barbecsul
Inc DBA Sandtrap Grill and Bar,
15.
Central
States Fair Inc. DBA Central State Fair,
16.
Black
Hills Coffee Company DBA Black Hills Coffee, 5955 S Hwy. 16 #G, for a Retail (on-off
sale) Wine License
17.
Khoury’s
Mediterranean Cuisine Inc. DBA Khoury’s Mediterranean Cuisine, 1109 W Omaha St.
Ste. D, for a Retail (on-off sale) Wine License
18.
19.
Wine
Cellar Restaurant LLC DBA Wine Cellar Restaurant,
20.
Lisa
Holbrook DBA The Beanery,
21.
WR
Rapid City Ventures DBA Oakleaf Beer Garden,
22.
Museum
Alliance of Rapid City Inc. DBA The Journey Museum,
23.
Century
Motels Inc. DBA Howard Johnson Express Inn and Suites,
24.
Mai
T. Goodsell DBA Saigon Restaurant,
Retail (on-sale) Liquor License Renewals
25.
Fraternal
Order of Eagles DBA Rapid City Aerie No. 3555, 1410 Centre Street, for a Retail
(on-sale) Liquor License
26.
Blue
Lantern Lounge Inc. DBA Blue Lantern Lounge,
27.
Hungrys
Restaurants Inc. DBA Marlins Roadhouse Grill,
28.
City
of Rapid City DBA Airport Restaurant and Lounge,
29.
Heinsel
Investments LLC DBA Comfort Suites,
30.
Entertainment
Inc. DBA Robbinsdale Lounge,
31.
32.
Kelly’s
Sports Lounge Inc. DBA Kelly’s Sports Lounge,
33.
LaCroix
Investments Inc. DBA Time Out Lounge,
34.
Beshara
Enterprises Inc. DBA The Pirates Table,
35.
MG
Oil Company DBA Clock Tower Lounge,
36.
Viper
LLC DBA Quality Inn/Reunion Lounge,
37.
Karen
J Schumacher DBA Brass Rail Lounge,
38.
AJ
Inc DBA Shotgun Willies,
39.
Sioux
Restaurants Inc. DBA
40.
TADY
LLC DBA Teddy’s Sports Grill,
41.
Fresch
Inc DBA Joes Place, 4302 S Hwy 79, for a Retail (on-sale) Liquor License
42.
Sodak
Mex I Inc. DBA On The Border,
43.
Michael
O Wieseler DBA Horseshoe Bar,
44.
Arnolds
Inc DBA Buck-N-Gator,
45.
Derby
Advertising Inc. DBA Canyon Lake Chophouse,
46.
Western
Dakota Gaming Inc. DBA Valley Sports Bar,
47.
American
Legion,
48.
Ugly
Inc. DBA Budd Ugly’s,
49.
Dealer
Exchange Inc. DBA Kaktus Kim’s, Rushmore Mall Space 478, for a Retail (on-sale)
Liquor License
50.
Fox
Family Enterprises Inc. DBA Rodeway Inn,
51.
Arrowhead
Country Club,
52.
WR
Rapid City Ventures LP, Minerva’s Restaurant & Bar,
53.
The
Retired Enlisted Assoc Inc Chapter 29,
54.
Outback
Midwest II LP DBA Outback Steakhouse, 665 Disk Drive, for a Retail (on-sale) Liquor
License
55.
Cortez
LLC DBA Alex Johnson Hotel,
56.
Atlantis
LLC DBA Fairfield Inn and Suites by Marriott,
57.
Porter
Apple Company DBA Applebee’s Neighborhood Grill and Bar,
58.
Shooters
Inc. DBA Shooters,
59.
RC
Boston Company LLC DBA Boston’s Restaurant and Sports Bar, 620 E. Disk Drive,
for a Retail (on-sale) Liquor License
60.
Steven
C Lester DBA Rushmore Plaza Holiday Inn,
61.
Retsel
Inc DBA Cheers/Ramada Inn,
Package (off-sale) Liquor License Renewals
62.
Smith’s
Liquor Gallery Inc. DBA Smith’s Liquor Gallery,
63.
Sooper
Dooper Markets Inc. DBA Sooper Dooper #1, 913 E
64.
Sully
Enterprises LLC DBA Common Cents,
65.
Sully
Enterprises LLC DBA Common Cents,
66.
Staple
and Spice Market Inc. DBA Staple and Spice Market,
67.
LaCroix
Investments Inc. DBA Bus’s Bottle Shop,
68.
Bach
Investment Inc. DBA Hideaway Casino, 1575 N LaCrosse St. Ste. D, for a Package
(off-sale) Liquor License
69.
Fresh
Start Convenience Stores Inc. DBA Ranch Mart,
70.
71.
Thrifty
Smoke Shop Inc. DBA Thrifty Smoke Shop,
72.
Thrifty
Smoke Shop Inc. DBA Thrifty Smoke Shop
73.
74.
Nash
Finch Company DBA FTC Express #257, 3460 Sturgis Rd., for a Package (off-sale)
Liquor License
75.
76.
Nash
Finch Company DBA Prairie Bottle Market #43, 13 New York Street, for a Package
(off-sale) Liquor License
77.
78.
Canyon
Lake Liquors
79.
Derby
Advertising Inc. DBA Canyon Lake Chophouse,
80.
Carol
Enterprises Inc. DBA Don’s Valley Express #2, 3343 N Haines Ave., for a Package
(off-sale) Liquor License
81.
Carol
Enterprises DBA Valley Liquor,
82.
Yellow
Robe Enterprises LLC DBA Dacotah Liquors,
83.
Wal-East
Development Inc. DBA Jackpot Casino Too,
84.
Cortez
LLC DBA Alex Johnson Hotel,
85.
Steven
C Lester LLC DBA Rushmore Plaza Holiday Inn,
86.
Retsel
Corp DBA Ramada Inn,
87.
Dakotas
Best Brown Bag Deli Inc DBA Dakota Best Brown Bag Deli,
Public Works Committee Consent Items
88.
Acknowledge
the report on Update on RFP on
89.
No.
PW111009-14 – Set
90.
No. PW111009-01 – Approve leaving
the three-way stop in place at
91.
Approve having
a letter drafted on behalf of the City to the Public Utilities Commission to ask
them to delay the rate increase until January 2011.
92.
No. PW111009-02 – Approve Authorization
for Staff to Apply for Homeland Security Grant for Handheld Radios in the amount
of $13,490.00.
93.
No. PW111009-03 – Approve Change
Order No. 1 to SECO Construction, Inc. for the West Main Street/Creek Drive Bridge
Repairs, Project No. ST09-1800 / CIP No. 50752, for an increase of $6,741.34.
94.
No. PW111009-04 – Approve Change
Order No. 1 to SECO Construction for the
95.
No.
PW111009-05 – Authorize Staff to Advertise for Bids for Transit Shelters
Installation, Project No. TS09-1835 / CIP No. 50779. Estimated Cost of Project: $65,000.00.
96.
No.
PW111009-06 – Authorize Staff to Advertise for Bids for CSAC Roof Replacement,
Project No. GB09-1828 / CIP No. 50098. Estimated Cost of Project: $360,000.00; with $144,000.00 paid by
97.
No. PW111009-07 – Authorize Staff to Advertise for Bids for
98.
No. PW111009-08 – Authorize Staff to Advertise for Bids for
99.
No. PW111009-09 – Authorize
Mayor and Finance Officer to Sign Amendment No. 1 to the Agreement with CETEC
Engineering Services Inc., for the Kepps
Watermain Extension and
Control Valve Installation, Project No. W08-1702 / CIP No. 50625.
100.
No. PW111009-10 – Authorize
Mayor and Finance Officer to Sign a Professional Services Agreement with Renner
& Associates, LLC, for 28-Acre Landfill Cell Closure, Project No. LF09-1844
/ CIP No. 50783; in the amount of $23,150.00.
101.
No. PW111009-11 – Authorize
Mayor and Finance Officer to Sign Amendment No. 1 to Agreement No. 6874 with the
SD Department of Transportation for the East Boulevard/East North Street Reconstruction
Project, Project No. ST08-1511 / CIP No. 50142.
102.
No. PW111009-12 – Authorize
Mayor and Finance Officer to Sign Professional Services Agreement with Ferber
Engineering Company for the
103.
No. PW111009-13 – Approve a
Resolution Establishing Time and Place for Hearing on Assessment Roll for the
104.
Confirm the Mayor’s appointment of Marcia Elkins, Ron Kroeger, and
Ron Weifenbach from the Freeholders Panel to assist in assessing value to surplused
hay bales.
105.
No.
09RD006 - Approve
a request by Olsen Development Company, Inc. to consider an application
for a Resolution for a Road Name Change from Clark Street to Clear View Lane
on the 48.35 foot street between Lot 1, Railroad Block 3 and Lot 49 Shaver Block
Jackson View Addition, located in the SW1/4 NW1/4 Section 2, T1N, R7E, BHM, Rapid
City, Pennington County, South Dakota, more generally described as Clark Street
between West Fulton Street and the intersection of Jackson Boulevard and Mountain
View Road.
Legal & Finance Committee Consent Items
106.
Acknowledge
receipt of petition to create Downtown Business Improvement District.
107.
No.
LF111009-01 – Approve Resolution (No. 2009-149) of Intent to Establish
the Downtown Business Improvement District and set the public hearing for Monday,
January 11, 2010, at 7:00 p.m.
108.
109.
No.
LF111009-02 – Approve Resolution Writing Off Uncollectable Ambulance Billing
Accounts.
110.
Authorize
staff to accept grant from South Dakota Hazardous Materials Emergency Preparedness
for the 5-Day Incident Commander Course in
111.
No.
LF111009-03 –
Approve Travel Request for Joe Tjaden and Jim Bussell to attend the 5-Day Incident
Command Course in Pueblo, CO, December 7-11, 2009, in the approximate amount of
$5,076.
112.
No. LF111009-04 -
Approve Travel Request for Bernard Hall, Chief Electrical Inspector and Lon Schnittgrund,
Building Inspector I, and three Fire Department staff to be determined to attend
the ICC International Codes Training Seminar in
113.
No.
LF111009-06 – Acknowledge 2008 Annual Audit.
114.
No.
LF111009-07 – Approve Resolution No. 2009-148 Fixing Time and Place for
Hearing on Assessment Roll for Cleanup of Miscellaneous Property.
115.
No.
LF111009-08 – Approve Resolution No. 2009-146 Declaring Property Surplus.
116.
No.
LF111009-10 – Approve Travel Request for Robert Ellis, John Wagner, Dave
Van Cleave, Rich Sagen, Don Brumbaugh, Dale Tech, Gunar Dzintars, Jerry Wright,
Toni Broom, and Brenda Vespested to attend Public Works Department retreat meeting
at Spearfish Canyon Lodge December 4, 2009, in the approximate amount of $336.05.
117.
No.
LF111009-11 – Approve the 2009-2010 Deer Management Program.
118.
No.
LF111009-12 – Authorize staff to advertise for bids for Wilderness Park
Playground Project No. PR08-6004.
119.
No.
LF101409-17 – Authorize Mayor and Finance Officer to sign First Addendum
to the Master Development Agreement with St. Joe Investment Group, LLC.
120.
No.
LF111009-14 – Acknowledge raffle request from Western Dakota Tech.
121.
No.
LF111009-15 – Acknowledge raffle request from Rapid City Elks Lodge No.
1187.
122.
No.
LF111009-16 – Acknowledge raffle request from Altrusa Club.
Growth Management Department Consent Items
123.
No.
09PL065 – Deny Without Prejudice
a request by U Lazy Two, LLC for Kevin Kuehn
for a Layout
Plat on Lots 1 thru 5 of B&M Meadows
Subdivision, located in Sectins 14 and 23, T2N, R6E, BHM, Pennington County, South
Dakota, legally described as Lot 1 (also in Section 23) of U Lazy Two Ranch Estates Subdivision, Section
14, T2N, R6E, BHM, Rapid City, Pennington County, South Dakota, located
adjacent to Nemo Road between Schmitz Trail and
Palmer Road.
END OF CONSENT CALENDAR
CONTINUED CONSENT
ITEMS – Items
124 – 131
Remove Items from the “Continued Consent
Items” and Vote on Remaining Continued Consent Items
Continue the following items until
December 7, 2009:
124.
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.
125.
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 of Rushmore
Business Park, 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.
126.
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.
127.
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.
128.
No.
09PL047 - A request by Centerline, Inc. for
129.
No.
09PL061 - A request by Fisk Land Surveying & Consulting Engineers for Hewey
Clemmons for a Layout and Preliminary Plat on Lots A and B of Clemmons Addition, located in the S1/2
SW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally
described as a portion of the balance of Lot 3
of the S½SW¼, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, as shown
on the plat recorded on October 1, 1963 and filed in “Plat File N”; Beginning
at the northeast corner of said balance of Lot 3, said point being located along
the north-south quarter section line and also along the southerly edge of the
adjoining railroad right-of-way; thence, southerly along said quarter section
line, S00º04’53”W a distance of 1,050.36 feet, more or less; thence, N63º41’40”W
a distance of 205.00 feet, more or less; thence, N84º39‘26”W a distance of 270.00
feet, more or less; thence, N33º30’20”W a distance of 84.00 feet, more or less;
thence, N00º00’00”W a distance of 796.70 feet, more or less; thence, N57º23’22”W
a distance of 117.40 feet, more or less; thence, N03º48’46”E a distance of 95.00
feet, more or less; thence, N12º39’32”W a distance of 150.00 feet more or less
to a point on the north line of said Lot 3; thence, easterly along the north line
of said Lot 3, S89º55’53”E a distance of 168.93 feet more or less to a point on
the southerly line of the adjoining railroad right-of-way; thence, southeasterly
along the southerly edge of the adjoining right-of-way, curving to the left on
a curve with a radius of 5907.9 feet, a delta of 04º17’31”, an arc length of 442.55
feet, and a chord bearing and distance of S62º19’02”E 442.44 feet, more or less;
thence, continuing southeasterly along the southerly edge of the adjoining right-of-way,
S64º32’29”E a distance of 72.19 feet more or less, to the point of beginning,
located at 6299 East Highway 44.
130.
No.
09PL066 - A request by Dream Design International, Inc. for a Preliminary
Plat on Lot 1 of Tract C of Rushmore
Center, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota,
legally described as Tract C of Rushmore Center,
Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota,
located at 1520 Luna Avenue.
131.
No.
09RD003 - A request by City of
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS – Items 132 – 148
Public Comment opened – Items 132 – 148
Public Comment closed
Ordinances
132.
No.
09OA008
– First Reading, Ordinance No. 5558, An Ordinance Adding Conditional Uses
in the Business Park Zoning District by Amending Section 17.56.030 of the Rapid
City Municipal Code.
133.
No.
LF111009-05 – First Reading, Ordinance No. 5561, An Ordinance to Change
the Due Date of Occupancy Tax Remittances for Business Improvement District No.
1 by Amending Section 3.24.080 of the Rapid City Municipal Code.
134.
No.
LF111009-09 – First Reading, Ordinance No. 5559, An Ordinance to Transfer
the Energy Plant Division from the Department of Public Works to the Rushmore
Plaza Civic Center Board by Amending and Transferring Section 2.44.060 of the
Rapid City Municipal Code to Section 2.76.160 of the Code.
135.
No.
LF111009-13 – First Reading, Ordinance No. 5560, An Ordinance to Update
the List of Unlawful Acts of Discrimination by Amending Section 2.64.030 of the
Rapid City Municipal Code.
136.
No.
09RZ045 – First Reading, Ordinance No. 5562,
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 Medium
Density Residential District of Lots
1 thru 10 of Fravel Tract and Lot 1 of the NW1/4 SW1/4 of Section 9, T1N, R8E,
BHM, Rapid City, Pennington County, South Dakota, located at 2828 Orchard Lane.
Growth Management Department Items (None)
Legal & Finance Committee Items (None)
Public Works Committee Items
137.
No.
09EX110 – Deny a Request for Exception to Section 8.2.1(H) of the General
Requirements for Driveways from the City of Rapid City Street Design Criteria
Manual, to allow three driveways to a business establishment for Steele Plaza
on Lot 8 Less Lot 8A & Lot 11 Less Lot 11a of Tract D; Lot
12 Less Lot A But Including Lot B of Lot 12 of Tract D Sunnyvale located at 3618
Canyon Lake Drive.
Bids
138.
No.
CC111609-02.1 – Water Treatment Plant Upgrades -
139.
No.
CC111609-02.2 – Catron Blvd/Hwy 16B Sanitary Sewer Extension Project No.
SS09-1782/CIP No. 50396 (Opened on
140.
No.
CC111609-02.3 - Snow Removal Operations for City Parking Lot Number 4
(Opened
141.
No.
CC111609-02.4 - Snow Removal Operations for City Parking Lot Number 5
(Opened
142.
No.
CC111609-02.5 - Snow Removal Operations for City Parking Lot Number 6-1
(Opened
143.
No.
CC111609-02.6 - Snow Removal Operations for City Parking Lot Number 9
(Opened
144.
No.
CC111609-02.7 - Snow Removal Operations for City Parking Lot Number 8
(Opened
145.
No.
CC111609-02.8 - Snow Removal Operations for City Parking Lot Number 6-2
(Parking Ramp) (Opened
146.
No.
CC111609-02.9 - Snow Removal Operations for City Parking Lot Number 7
(Opened
147.
No.
CC111609-02.10 - Operated Equipment Rental for Street Snow Removal Operations
(Opened
Mayor’s Items
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
148.
No.
CC111609-03 – Acknowledge raffle request from Black Hills Symphony Orchestra
Society Inc.
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS
– Items 149 – 197
Open Public Hearing (comment) -- Items 149 – 197
CONTINUED PUBLIC HEARING
CONSENT ITEMS – Items 149 – 154
Remove Items from the “Continued Public
Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent
Items
Continue the following items until
December 7, 2009:
149.
No.
09CA028 - A request by Dream Design International, Inc. for an Amendment to
the adopted Comprehensive Plan to change the land use designation from Medium
Density Residential with a Planned Residential Development to General Commercial
with a Planned Commercial Development on a portion of Tract C of Rushmore Center, located in the
E½ of the SE¼, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South
Dakota, more fully described as follows: commencing at the northwesterly corner
of Tract C of Rushmore Center, common to a corner on the southerly boundary of
Tract A of Block 2 of Rushmore Crossing, and the point of beginning, Thence first
course: S60º50’50”E, along the northerly boundary of said Tract C, common to the
southerly boundary of said Tract A, a distance of 306.52 feet to the southeasterly
corner of said Tract A, common to the southwesterly corner of Tract B of Block
2 of Rushmore Crossing; Thence, second course: S60º50’50”E, along the northerly
boundary of said Tract C, common to the southerly boundary of said Tract B, a
distance of 471.28 feet; Thence, third course: S50º54’28”W, distance of 950.41,
to a point on the westerly edge of Luna Avenue right-of-way; Thence, fourth course:
N01º57’56”E, along the westerly edge of said Luna Avenue right-of-way, distance
of 19.99 feet; Thence, fifth course: curving to the left, along westerly edge
of said Luna Avenue right-of-way, on a curve with a radius of 1970.00 feet, a
delta angle of 01º48’09”, a length of 61.97 feet, a chord bearing of N01º03’52”E,
and chord distance of 61.97 feet; Thence, sixth course: N00º09’48”E, along the
westerly edge of said Luna Avenue right-of-way, distance of 816.92 feet; Thence,
seventh course: curving to the left, along westerly edge of said Luna Avenue right-of-way,
on a curve with a radius of 476.00 feet, a delta angle of 03º25’22”, a length
of 28.44 feet, a chord bearing of N01º32’53”W, and chord distance of 28.43 feet;
Thence, eighth course: N86º44’26”E, distance of 60.00 feet, to a point on the
westerly boundary of said Tract C, common to a point on the easterly edge of said
Luna Avenue right-of-way; Thence ninth course: curving to the left, along the
westerly boundary of said Tract C, common to the easterly edge of said Luna Avenue
right-of-way, on a curve with a radius of 536.00 feet, a delta angle of 05º10’30”,
a length of 48.41 feet, a chord bearing of N05º50’50”W, and chord distance of
48.40 feet, to the point of beginning, located at 1520
Luna Avenue.
150.
No.
09RZ044 - A request by City of Rapid City for a Rezoning from No Use District to Mobile
Home Residential District on Lot 70
of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County,
South Dakota, located at 2850 Terra Street
- East of Valley Drive.
151.
No.
09RZ048 - A request by Dream Design International, Inc. for a Rezoning from
General Agriculture District to General Commercial District on a portion of Tract C of Rushmore Center, located in the
E½ of the SE¼, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South
Dakota, more fully described as follows: commencing at the northwesterly corner
of Tract C of Rushmore Center, common to a corner on the southerly boundary of
Tract A of Block 2 of Rushmore Crossing, and the point of beginning, Thence first
course: S60º50’50”E, along the northerly boundary of said Tract C, common to the
southerly boundary of said Tract A, a distance of 306.52 feet to the southeasterly
corner of said Tract A, common to the southwesterly corner of Tract B of Block
2 of Rushmore Crossing; Thence, second course: S60º50’50”E, along the northerly
boundary of said Tract C, common to the southerly boundary of said Tract B, a
distance of 471.28 feet; Thence, third course: S50º54’28”W, distance of 950.41,
to a point on the westerly edge of Luna Avenue right-of-way; Thence, fourth course:
N01º57’56”E, along the westerly edge of said Luna Avenue right-of-way, distance
of 19.99 feet; Thence, fifth course: curving to the left, along westerly edge
of said Luna Avenue right-of-way, on a curve with a radius of 1970.00 feet, a
delta angle of 01º48’09”, a length of 61.97 feet, a chord bearing of N01º03’52”E,
and chord distance of 61.97 feet; Thence, sixth course: N00º09’48”E, along the
westerly edge of said Luna Avenue right-of-way, distance of 816.92 feet; Thence,
seventh course: curving to the left, along westerly edge of said Luna Avenue right-of-way,
on a curve with a radius of 476.00 feet, a delta angle of 03º25’22”, a length
of 28.44 feet, a chord bearing of N01º32’53”W, and chord distance of 28.43 feet;
Thence, eighth course: N86º44’26”E, distance of 60.00 feet, to a point on the
westerly boundary of said Tract C, common to a point on the easterly edge of said
Luna Avenue right-of-way; Thence ninth course: curving to the left, along the
westerly boundary of said Tract C, common to the easterly edge of said Luna Avenue
right-of-way, on a curve with a radius of 536.00 feet, a delta angle of 05º10’30”,
a length of 48.41 feet, a chord bearing of N05º50’50”W, and chord distance of
48.40 feet, to the point of beginning, located at 1520 Luna Avenue.
152.
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.
153.
No.
09SV020 - A request by Fisk Land Surveying & Consulting Engineers for Hewey
Clemmons for a Variance to the Subdivision Regulations to waive the
requirement to install curb, gutter, sidewalk, street light conduit, water, sewer
and pavement and to reduce the street surface width from 24 feet to 18 and 10
feet, respectively, as per Chapter 16.16 of the Rapid City Municipal Code
on Lots A and B of Clemmons Addition, located
in the S1/2 SW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota,
legally described as a portion of the balance of
Lot 3 of the S½SW¼, Section 14, T1N, R8E, BHM, Pennington County, South Dakota,
as shown on the plat recorded on October 1, 1963 and filed in “Plat File N”; Beginning
at the northeast corner of said balance of Lot 3, said point being located along
the north-south quarter section line and also along the southerly edge of the
adjoining railroad right-of-way; thence, southerly along said quarter section
line, S00º04’53”W a distance of 1,050.36 feet, more or less; thence, N63º41’40”W
a distance of 205.00 feet, more or less; thence, N84º39‘26”W a distance of 270.00
feet, more or less; thence, N33º30’20”W a distance of 84.00 feet, more or less;
thence, N00º00’00”W a distance of 796.70 feet, more or less; thence, N57º23’22”W
a distance of 117.40 feet, more or less; thence, N03º48’46”E a distance of 95.00
feet, more or less; thence, N12º39’32”W a distance of 150.00 feet more or less
to a point on the north line of said Lot 3; thence, easterly along the north line
of said Lot 3, S89º55’53”E a distance of 168.93 feet more or less to a point on
the southerly line of the adjoining railroad right-of-way; thence, southeasterly
along the southerly edge of the adjoining right-of-way, curving to the left on
a curve with a radius of 5907.9 feet, a delta of 04º17’31”, an arc length of 442.55
feet, and a chord bearing and distance of S62º19’02”E 442.44 feet, more or less;
thence, continuing southeasterly along the southerly edge of the adjoining right-of-way,
S64º32’29”E a distance of 72.19 feet more or less, to the point of beginning,
located at 6299 East Highway 44.
154.
No.
09SV021 - A request by Dream Design International, Inc. for a Variance to
the Subdivision Regulations to waive the requirement to construct pavement, curb,
gutter, sidewalk, water, sewer and street light conduit on the shared access easement
as per Chapter 16.16 of the Rapid City Muncipal Code on Lot
1 of Tract C of Rushmore Center, Section 30, T2N, R8E, BHM, Rapid City, Pennington
County, South Dakota, legally described as a
portion of Tract C of Rushmore Center, located in E½ of the SE¼, Section 30, T2N,
R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as
follows: Commencing at the northwesterly corner of Tract C of Rushmore Center,
common to a corner on the southerly boundary of Tract A of Block 2 of Rushmore
Crossing, and the point of beginning, Thence first course: S60°51’06’E, along
the northerly boundary of said Tract C, common to the southerly boundary of said
Tract A, a distance of 306.46 feet to the southeasterly corner of said Tract A,
common to the southwesterly corner of Tract B of Block 2 of Rushmore Crossing;
Thence, second course: S60°52’33”E, along the northerly boundary of said Tract
C, common to the southerly boundary of said Tract B, a distance of 9.77 feet;
Thence, third course: S29°09’15”W, distance of 115.47 feet; Thence, fourth course:
S00°06’45”W, distance of 153.92 feet; Thence, fifth course: N89°50’08”W, distance
of 214.75 feet, to a point on the westerly boundary of said Tract C, common to
the easterly edge of Luna Avenue right-of-way; Thence, sixth course: N00°09’48”E,
along the westerly boundary of said Tract C, common to the easterly edge of said
Luna Avenue right-of-way, a distance of 328.13 feet; Thence seventh course: curving
to the left, along the westerly boundary of said Tract C, common to the easterly
edge of said Luna Avenue right-of-way, on a curve with a radius of 536.00 feet,
a delta angle of 08°35’09”, a length of 80.32 feet, a chord bearing of N04°09’13”W,
and chord distance of 80.25 feet, to the northwesterly corner of said Tract C,
common to a corner on the southerly boundary of said Tract A, and the point of
beginning, located at 1520 Luna Avenue.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 149 – 197
CONSENT PUBLIC HEARING
ITEMS – Item 155
– 190
Remove Items from the “Consent Public
Hearing Items” and Vote on Remaining Consent Items
Growth Management Items
155.
No.
08SV047 – Deny Without Prejudice
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 of Rushmore Business Park, 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.
156.
No.
09CA025 – Approve a request by James Hoag for Hoag Land Co., - West Central Mfg.
for an Amendment
to the Adopted Comprehensive Plan to change the land use designation from Residential
to Business Park with a Planned Commercial Development on Lots
1 thru 4 of Lot H of Lot 1 of the SW1/4 SE1/4, vacated alley adjacent to said
Lots 3 and 4, Lots 3 thru 9 and Lots 5 thru 8 of Lot H of Lot 1 of the SW1/4 SE1/4,
Section 6, T1N, R8E, Rapid City, Pennington County, South Dakota, located
at 818, 910 and 920 E. St. Andrew Street.
157.
No.
09CA026 – Approve a request by City of
158.
No.
09CA027 – Approve a request by City of Rapid City for an Amendment to the adopted Comprehensive
Plan to change the land use designation from Public to Low Density Residential
on Lot A of Lot 5, Lot 7 and a portion of Lots
5 and 6 of the SW1/4 NW1/4, all located in Section 9, T1N, R8E, BHM, Rapid City,
Pennington, located at 2819 and 2826 Garden
Lane.
159.
No.
09CA029 – Approve a request by James L. Scull, Jr. for an Amendment to the adopted Comprehensive
Plan to change the land use designation from General Commercial to Light Industrial
on Lot 1 of Block 2 of Hilltop Business Park
Subdivision, located in the SE1/4 NE1/4, Section 4, T1N, R8E, BHM, Rapid City,
Pennington County, South Dakota, located at 925 Elk Vale Road.
Alcohol Licenses
160.
LaMore
Restaurant Group Inc. DBA Denny’s, 2206 N LaCrosse St. for a Retail (on-off sale)
Malt Beverage License NO Video Lottery (Continued from July 20, August 3, September 8, October 5, and November
2 2009 City Council)
161.
LaMore
Restaurant Group Inc. DBA Denny’s,
162.
Red
Carpet Events,
163.
Bosselman,
Inc of South Dakota DBA Bosselman Travel Center, 2783 Deadwood Ave. for a Package
(off-sale) Malt Beverage and SD Farm Wine License
164.
Fancies
Flowers and Gifts Inc. DBA Fancies Flowers and Gifts,
165.
TADY
LLC DBA Sports Buzz,
166.
TADY
LLC DBA Sports Buzz,
Retail (on-off sale) Wine License Renewals
for 2010
167.
Robert
W Johnson DBA Canyon Lake Pub & Casino,
168.
Gab
Denk Kwak DBA Hana Restaurant,
Retail (on-sale) Liquor License Renewals
for 2010
169.
Loyal
Order of Moose,
170.
Red
Rock Golf Club LLC DBA Red Rock Golf Club,
171.
Colonial
House Inc. DBA Colonial House,
172.
Sanfords
Grub and Pub South Dakota Inc. DBA Sanfords Grub and Pub,
173.
Fat
Boy’s Inc. DBA Fire House Brewing Co.,
174.
BDUBS
LLC DBA Buffalo Wild Wings,
175.
GS
Corp DBA Casa Re-al,
176.
Meadowood
Lounge Inc. DBA Meadowood Lounge,
177.
Shiba
Investments DBA Radisson,
178.
Kelly’s
Sports Lounge II Inc. DBA Kelly’s Sports II, 318-320 E. Blvd. for a Retail (on-sale)
Liquor License
179.
Rushmore
Cuisine Inc. DBA Ruby Tuesday,
180.
Kurylas
Inc. DBA Imperial Inn,
181.
Oasis
Lounge Inc. DBA Oasis Lounge,
182.
Rapid
City Elks Club DBA Elks Lodge #1187, 3333 E 39th
183.
GMRI
Inc. DBA Red Lobster #0460, 120 Disk Dr. for a Retail (on-sale) Liquor License
184.
GMRI
Inc. DBA The Olive Garden Italian Restaurant,
Package (off-sale) Liquor License Renewals
for 2010
185.
Sam’s
West Inc. DBA Sam’s Club,
186.
B
& L Inc. DBA Boyds Liquor Mart,
187.
B
& L Inc. DBA Boyds Liquor Mart,
188.
Mills
Drug Inc. DBA Boyds Liquor Mart,
189.
Fat
Boy’s Inc. DBA Firehouse Brewing Co.,
Assessment Rolls
Other Items Requiring Public Hearings
190.
No.
PW101309-13 - Resolution Levying Assessment for the
Block 110 Original Townsite Sanitary Sewer Extension, East Boulevard Area (Kansas
City Street to Quincy Street), Project No. SS08-1752 / CIP No. 50742.
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC
HEARING ITEMS
– Items 191 – 197
191.
No. 09CA001
- A request by
City of Rapid City to consider an application
for an Amendment
to the Comprehensive Plan adopting the Spring Creek Neighborhood Area Future Land
Use Plan on that portion of Sections
1, 3, 10, 11, 12, 14 and 15 lying south of Spring Creek, all of Sections 13, 22,
23, 24, 25, and 26, and all of Section 27 less Foster Lode Mineral Survey, Township
1 South, Range 6 East, BHM, Pennington County, South Dakota; that portion in the
W1/2 of Section 4 and Sections 5, 6 and 7 lying south of Spring Creek, the W1/2
and SE1/4 of Section 9, the S1/2 of Sections 10 and 11, and all of Sections 1,
8, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and
30, Township 1 South, Range 7 East, BHM, Pennington County, South Dakota; the
E1/2 and SW1/4 of Section 25 and all of Section 36, Township 1 North, Range 7
East, BHM, Pennington County, South Dakota; that portion of Sections 29 and 32
lying west of SD Highway 79 and all of Sections 30 and 31, Township 1 North, Range
8 East, BHM, Pennington County, South Dakota; that portion of Sections 5, 8, 17,
20 and 29 lying west of SD Highway 79 and all of Sections 6, 7, 18, 19 and 30,
Township 1 South, Range 8 East, BHM, Pennington County, South Dakota, more
generally described as being located south of Spring
Creek, east of Boulder Hill Road, north of Knotty Pine Road and west of S.D. Highway79. (Continued
from
192.
No. 09CA002
– A request by City of Rapid City to consider an application
for an Amendment to the Comprehensive Plan to Revise the Major Street Plan
by eliminating, adding and realigning arterial and collector streets in the Spring
Creek Neighborhood Area Future Land Use Plan on that portion of Sections 1,
3, 10, 11, 12, 14 and 15 lying south of Spring Creek, all of Sections 13, 22,
23, 24, 25, and 26, and all of Section 27 less Foster Lode Mineral Survey, Township
1 South, Range 6 East, BHM, Pennington County, South Dakota; that portion in the
W1/2 of Section 4 and Sections 5, 6 and 7 lying south of Spring Creek, the W1/2
and SE1/4 of Section 9, the S1/2 of Sections 10 and 11, and all of Sections 1,
8, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and
30, Township 1 South, Range 7 East, BHM, Pennington County, South Dakota; the
E1/2 and SW1/4 of Section 25 and all of Section 36, Township 1 North, Range 7
East, BHM, Pennington County, South Dakota; that portion of Sections 29 and 32
lying west of SD Highway 79 and all of Sections 30 and 31, Township 1 North, Range
8 East, BHM, Pennington County, South Dakota; that portion of Sections 5, 8, 17,
20 and 29 lying west of SD Highway 79 and all of Sections 6, 7, 18, 19 and 30,
Township 1 South, Range 8 East, BHM, Pennington County, South Dakota, more generally
described as being located south of Spring Creek, east of Boulder Hill Road, north
of Knotty Pine Road and west of S.D. Highway79.
(Continued from
193.
No.
09RZ042 – Second Reading, Ordinance
5551, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal
Code, Rezoning the within Described Property as requested by James Hoag for Hoag Land Co., - West Central Mfg.
for a Rezoning
from General Commercial District to Business Park District on Lots 1 thru 4 of Lot H of Lot 1 of the SW1/4 SE1/4, vacated
alley adjacent to said Lots 3 and 4, Lots 3 thru 9 and Lots 5 thru 8 of Lot H
of Lot 1 of the SW1/4 SE1/4, Section 6, T1N, R8E, Rapid City, Pennington County,
South Dakota, located at 818, 910 and 920
E. St. Andrew Street.
194.
No.
09RZ043 – Second Reading, Ordinance
5552, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal
Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from
No Use District to Low Density Residential District on the south 293 feet of Lot 6 of Marshall Subdivision, Section
5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located
west of Valley Drive and north of S.D. Highway
44.
195.
No.
09RZ046 - Second Reading, Ordinance
5554, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal
Code, Rezoning the within Described Property as requested by City of Rapid
City for a Rezoning from No Use District to Low Density Residential
District on Tract B of Jepsen Subdivision,
Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota,
located at 3033 South Valley Drive.
196.
No.
09RZ047 - Second Reading, Ordinance
5555, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal
Code, Rezoning the within Described Property as requested by City of Rapid
City for a Rezoning from No Use District to Low Density Residential
District on Lot A of Lot 5, Lot 7 and
a portion of Lots 5 and 6 of the SW1/4 NW1/4, all located in Section 9, T1N, R8E,
BHM, Rapid City, Pennington County, South Dakota, located at 2819
and 2826 Garden Lane.
197.
No.
09RZ049 - Second Reading, Ordinance
5557, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal
Code, Rezoning the within Described Property as requested by James L. Scull,
Jr. for a Rezoning from General Commercial District to Light Industrial
District on Lot 1 of Block 2 of Hilltop
Business Park Subdivision, located in the SE1/4 NE1/4, Section 4, T1N, R8E, BHM,
Rapid City, Pennington County, South Dakota, located at 925 Elk Vale Road.
BILLS
198.
No.
CC111609-01 – Bill List for
EXECUTIVE SESSION for the purposes permitted by SDCL
STAFF DIRECTION
ADJOURN