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 – 119
Public Comment opened – Items 1 – 95
Public Comment closed
CONSENT ITEMS – Items 1 – 88
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
(
1.
Leather
Unlimited, Inc. DBA Someone’s In The Kitchen,
2.
Black
Hills Beau Jo’s LLC DBA Beau Jo’s Pizza,
3.
Black
Hills Beau Jo’s LLC DBA Beau Jo’s Pizza,
4.
Charles
J. Desmond DBA Ifrit’s Hookah Lounge,
5.
Charles
J Desmond DBA Ifrit’s Hookah Lounge,
6.
Rapid
City Area Chamber of Commerce for a Special Event Beer and Wine License for an
event on
Retail (on-off sale) Wine License Renewals
7.
S&Y
Inc. DBA Golden Phoenix Restaurant,
8.
Botticellis
Ristorante Italiano Inc. DBA Botticellis Ristorante Italiano,
9.
Delmonico
Grill Inc. DBA Delmonico Grill,
10.
Los
Espinos LLC DBA LaCosta Mexican Restaurant,
11.
Orris
Enterprises Inc. DBA Vino 100,
12.
Yeung
Inc. DBA Imperial Chinese Restaurant,
13.
Northstar
Inc. DBA Hunan’s Restaurant,
14.
Dan
Trieu Ly DBA Golden Fortune,
Package (off-sale) Liquor License Renewals
15.
Gentner
and Salter LLC DBA The Wine Rack,
16.
Lily
Corp DBA Flowers By LeRoy,
17.
Orris
Enterprises Inc. DBA Vino 100,
18.
Safeway
Stores 46 Inc. DBA Safeway Store #1554 , 730 Mt. View Rd. for a Package (off-sale)
Liquor License
19.
Safeway
Stores 46 Inc. DBA Safeway Store #581 , 2120 Mt. Rushmore Rd. for a Package (off-sale)
Liquor License
20.
Nauman
Flying Service Inc. DBA Autumn Hills Plaza Liquor,
Retail (on-sale) Liquor License Renewals
21.
Dubin
Square
22.
23.
VFW
DBA Rushmore Post 1273,
24.
Martom
Management DBA Day’s Inn Lounge,
25.
Lost
Steer LLC DBA The Lost Steer, 5412 S Hwy 16 for a Retail (on-sale) Liquor License
Public Works Committee Consent Items
26.
PW120109-01
– Acknowledge the report on Rapid City Trolley.
27.
Direct staff to
work with the DOT to review the need for a westbound left turn arrow or any other
signal modification and to report back to the Public Works Committee in two weeks.
28.
PW120109-02
– Correct the bid amount to KRM Concrete, LLC for CSAC Front Steps/ADA Ramp Improvements,
Project No. GB09-1808, from $27,027.00 to $27,024.92.
29.
PW120109-03 – Approve Change
Order No. 1F to KRM Concrete, LLC, for the CSAC Front Steps/ADA Ramp Improvements,
Project No. GB09-1808, for a decrease of $720.00.
30.
PW120109-04 – Approve Change
Order No. 1F to Stanley J. Johnsen Concrete, Inc., for the
31.
PW120109-05 – Approve Change
Order No. 2F to SECO Construction, Inc., for the West Main Street & Creek
Drive Bridge Repairs, Project No. ST09-1800 / CIP No. 50752, for a decrease of
$1,377.89.
32.
PW120109-06 – Approve Change
Order No. 1F to J&J Asphalt Company, for the Downtown Alleys Reconstruction,
Project No. ST09-1821 / CIP No. 50379, for an increase of $2,677.98.
33.
PW120109-07 – Approve Change
Order No. 1F to Hills Materials Company, for the Street Rehab-Alta Vista Street/St.
Cloud Street, Project No. ST09-1815 / CIP No. 50549, for a decrease of $4,224.14.
34.
PW120109-08 – Approve Change
Order No. 2F to Mainline Contracting Inc., for the Blaine, Halley, Holcomb, E.
Jackson, N. Maple Sewer Reconstruction, Project No. SS08-1711 / CIP No. 50420,
for an increase of $44,567.02.
35.
PW120109-09
– Approve Change Order No. 1F to Heavy
Constructors, Inc., for the
36.
PW120109-10
– Approve Change Order No. 1 to Rangel Construction
Co. LLC, for the Fire Station #7, Project No. FD09-1767, for an increase
of $2,910.67.
37.
PW120109-11
– Approve Change Order No. 4F to Knife River
Midwest, LLC, for the East Mall Drive Connection – N. La Crosse Street to E. North
Street, Project No. ST06-1334b / CIP No. 50521, for a decrease of $200,863.85.
38.
PW120109-12
– Approve Change Order No. 9 to Sampson Construction,
for the
39.
PW120109-13 – Authorize Staff
to Advertise for Bids for Cold Water Meters – Estimated cost: $145,000.00.
40.
PW120109-14 – Authorize Mayor
and Finance Officer to Sign Amendment No. 1 to the Agreement with Dream Design
International, Inc., for the Easy Street Sanitary Sewer Extension, Project No.
SS09-1829 / CIP No. 50776. No cost time extension.
41.
PW120109-15 – Authorize Mayor
and Finance Officer to Sign Amendment No. 2 to the Agreement with Burns &
McDonnell Engineering Company, Inc., for the Water Reclamation Facility Digester
Repair and Improvements-Phase II, Project No. WRF07-1549A / CIP No. 50581, for
an increase of $4,778.00.
42.
PW120109-16 – Authorize Mayor
and Finance Officer to Sign an Agreement Between the City of Rapid City and Ferber
Engineering Company, Inc., for the Jackson Springs Water Treatment Plant Survey
Services, Project No. W07-1689 / CIP No. 50696, in the amount of $19,680.00.
43.
PW120109-17 – Authorize Mayor
and Finance Officer to Sign an Agreement with Johnson Controls Inc. for Interconnection
with City Ethernet between the MRF and the Energy Plant in the amount of $5,050.00.
44.
PW120109-18 – Authorize Mayor
and Finance Officer to Sign a Utilities Certificate with SD Department of Transportation,
45.
PW120109-19 – Authorize Mayor
and Finance Officer to Sign a Right of Way Certificate with SD Department of Transportation,
St. Joseph Street Landscaping, Project No. ST09-1818 / CIP No. 50771.
46.
PW120109-20 – Authorize Mayor
and Finance Officer to Sign Agreements for Voluntary Right of Way Donations (Temporary
Easements), for the
47.
PW120109-21
– Authorize Mayor and Finance Officer to Sign
Amendment No. 1 to Agreement with FMG, Inc., for Geotechnical, Construction Materials
and QA/QC Investigations, Project No. PW09-1787 / CIP No. 50637. No cost
time extension.
48.
PW120109-22
– Approve Change Order No. 5 to RCS Construction,
for
49.
No.
09RD003 – Approve a request by City of
Legal & Finance Committee Consent Items
50.
Request
the Mayor to draft and sign a letter to Youth and Family Services demonstrating
the City’s ongoing commitment and the Council’s intent to enter into an extended
lease and stating that the delay by the City is based on the requirement that
the City Council hold a public hearing.
51.
No.
LF101409-01 – Approve Resolution of Intent to Enter into Lease with Youth
and Family Services.
52.
No.
LF120209-01 - Request staff to draft an ordinance amendment to Section
15.28.050 of the Rapid City Municipal Code relating to conversion of an on-premise
sign to an off-premise sign and bring it to the
53.
No.
LF120209-03 - Acknowledge the report regarding the 2012 process – phase
4.
54.
No.
LF120209-04 - Request staff to look into the U. S. Communities Government
Purchasing Alliance and determine if this is something the community should be
doing.
55.
No.
LF120209-05 – Acknowledge Capital Improvements Program Committee monthly
update for November 2009.
56.
No.
LF120209-06 – Approve the Capital Plan for Streets, Drainage, MIP Projects
for November 2009.
57.
Approve
funding the
58.
No.
LF120209-07 – Approve the recommendation of the Parks and Recreation Advisory
Board to fund the following projects from the Park/Recreation Facility Grant Program
Fund: 1) Mary Hall Park Committee (irrigation system) $2,500; 2) RC Softball Association
(retaining wall improvements) $24,899; and 3) Storybook Island, Inc. (sidewalk
improvements) $12,499.
59.
No.
LF120209-08 – Approve $40,000 from the 2010 CIP Drainage Funds for
storm water quality.
60.
No.
LF120209-09 – Approve Travel Request for Steve Allender and 31 various
staff members to attend Annual Goals Meeting at the
61.
No.
LF120209-10 – Authorize staff to purchase one 2010 Chevy Tahoe from Beck
Motors in the amount of $28,373 under State Contract.
62.
No.
LF120209-12 – Authorize Mayor and Finance Officer to execute Covenant
Agreement with HDRK Properties, LLC for Water Shut-off Valve Access on Tract C
of Rushmore Center.
63.
No.
09TP031 – Authorize Mayor and Finance Officer to sign a No Cost, Time
Extension with Kadrmas Lee & Jackson to March 31, 2010 for the Mount Rushmore
Road Central Corridor Analysis.
64.
No.
LF120209-13 – Approve amendments to the Rapid City Area Air Quality Board.
65.
No.
LF120209-14 – Authorize Public Works and Growth Management to purchase
imaging system.
66.
No.
LF120209-16 – Approve Resolution (#2009-162) Writing Off Uncollectible
Accounts Receivable Accounts.
67.
Acknowledge
the following volunteers for workmen’s compensation purposes: Mike LaCroix, Tricia Johnson, Savannah Williamson.
68.
No.
LF120209-17 – Approve renewal of City’s insurance package for FY 2010.
69.
No.
LF120209-18 – Approve Travel Request for Angela Tallon to attend ESRI
Introduction to ArcGIS Server Class
70.
No.
LF120209-19 –
Approve Resolution No. 2009-153 to Establish the Non-Union Position of Storm Water
Specialist.
71.
No.
LF120209-20 – Approve Resolution No. 2009-161 to Establish the Non-Union
Position of Re-Entry Program Coordinator.
72.
Approve
request to create the non-union position of Re-Entry Coordinator at Grade 16 and
authorize an additional
73.
No.
LF120209-21 – Approve Resolution No. 2009-160 Summary of Material Modifications
No. 4.
74.
No.
LF120209-22 – Authorize Mayor and Finance Officer to sign Contract for
Fiscal Year 2009 Community Development Block Grant Sub-Recipients The Club for
Boys.
75.
No.
LF120209-23 – Preliminarily approve Subsidy Committee recommendations
for the Community Development Block Grant FY 2010 Annual Action Plan and Amendment
for Reallocation of Funds in the amount of $182,778.
76.
No.
LF120209-24 – Approve Travel Request for Dan Coon, Rodell Grosz, David
Johnson, and Ron Eikenberry to attend Erosion and Sediment Control Class in Fort
Pierre, SD, December 14-16, 2009, in the approximate amount of $1,558.08.
77.
No.
LF120209-38 - Refer to the Public Works Committee discussion on providing
equipment and manpower to clean up
78.
No.
LF120209-25 –
Approve Resolution No. 2009-163 Establishing 2010 Golf Course Fees.
79.
No.
LF120209-26 – Approve Resolution No. 2009-165 Establishing Rates for the
80.
No.
LF120209-27 – Approve Resolution No. 2009-164 Establishing Rates for the
81.
No.
LF120209-37 – Authorize Mayor and Finance Officer to sign SD DOT Work
Order No. LGA-99-09 for Agreement No. 713770 for Greenway Pedestrian and Bike
Path Extension Project EM8052(59)
82.
No.
LF120209-28 – Authorize Mayor and Finance Officer to sign Covenant Agreement
with SoDak Development.
83.
No.
LF120209-29 – Set for hearing on
84.
No.
LF120209-30 – Acknowledge raffle request from
85.
No.
LF120209-31 – Acknowledge raffle request from Rapid City Ducks Unlimited.
86.
No.
LF120209-32 – Acknowledge raffle request from Western Dakota Tech.
87.
No.
LF120209-33 – Acknowledge raffle request from Black Hills Quilters Guild.
88.
No.
LF120209-34 – Approve abatement for Delores C Lowell Trust for 2008 in
the amount of $7,198.78.
Growth Management Department Consent Items (None)
END OF CONSENT CALENDAR
CONTINUED CONSENT
ITEMS – Items
89 – 95
Remove Items from the “Continued Consent
Items” and Vote on Remaining Continued Consent Items
Continue the following items until
December 21, 2009:
89.
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.
90.
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.
91.
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 of ____________ Subdivision, 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.
92.
No.
09PL046 - A request by Todd Fenster for a Layout Plat on Lot 1 of Block 1 of Expressway Subdivision, located in
the N1/2 N1/2 SW1/4, less Big Sky Subdivision, less F&N Subdivision, less
Lot H1 and less right-of-way, Section 3, T1N, R8E, BHM, Pennington County, South
Dakota, legally described as the unplatted
parcel located in the N1/2 N1/2 SW1/4, less Big Sky Subdivision, less F&N
Subdivision, less Lot H1 and less right-of-way, Section 3, T1N, R8E, BHM, Pennington
County, South Dakota, located at 1200 Elk Vale Road.
93.
No.
09PL047 - A request by Centerline, Inc. for
94.
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.
Continue the following items until
95.
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.
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS – Items 96 – 119
Public Comment opened –
Items 96 – 119
Public Comment closed
Ordinances
96.
No.
09RZ050 – First Reading, Ordinance 5564,
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 Mobile Home Residential
District of Lots 1A, 1B, 1C, 1D, 1E
all of Lot 1, Lot 2, Lots 11 thru 12, Lots 24 thru 25, Lots 27 thru 29, Lots 39
thru 40, Lots 43 thru 55, Lots 59 thru 69, Scott Street right-of-way, Cactus Drive
right-of-way, and the E. Fairmont Street right-of-way north of Section line all
of Melody Acres No. 2, located in Section 9, T1N, R8E, BHM, Rapid City, Pennington
County, South Dakota, located at 3025 South
Valley Drive.
97.
No.
09RZ051 – First Reading, Ordinance 5565,
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 Mobile Home Residential
District of Lot 18 of Melody Acres No.
2 located in Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota,
located at 2805 Cactus Drive.
98.
No.
09RZ052 – First Reading, Ordinance 5566,
An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal
Code, Rezoning the within Described Property as requested by A request by City of Rapid City for a Rezoning from No Use District to Mobile Home Residential
District of Lot 9 of Melody Acres No.
2 located in Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota,
located at 2810 E. Fairmont Street.
99.
No.
09RZ053 – First Reading, Ordinance 5567,
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 Mobile Home Residential
District of Lot 3 of Melody Acres No.
2 located in Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota,
located at 2708 E. Fairmont.
100.
No.
09RZ054 – First Reading, Ordinance 5568,
An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal
Code, Rezoning the within Described Property as requested by Renner &
Associates for Rapid City Area School District No. 51-4 for a Rezoning from
Flood Hazard District to Civic Center District of a portion of Tract 19 of Rapid City Greenway Tract, located
in Section, 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more
fully described as follows: commencing at the southeasterly corner of Lot RU-302A
of the Original Townsite of Rapid City, common to a corner on the north boundary
of Tract 19 of the Rapid City Greenway Tract, and the point of beginning, Thence,
first course: S12º41’52”W, a distance of 204.24 feet; Thence, second course: N76º56’41”W,
a distance of 367.77 feet; Thence, third course: N13º03’19”E, a distance of 301.94
feet, to a point on the northerly boundary of said Tract 19, common to a point
on the southerly boundary of said Lot RU-302A; Thence, fourth course: S77º18’14”E,
along the northerly boundary of said Tract 19, common to the southerly boundary
of said Lot RU-302A, a distance of 65.68 feet, to a corner on the northerly boundary
of said Tract 19, common to a corner on the southerly boundary of said Lot RU-302A;
Thence, fifth course: S12º41’52”W, along the northerly boundary of said Tract
19, common to the southerly boundary of said Lot RU-302A, a distance of 100.00
feet, to a corner on the northerly boundary of said Tract 19, common to a corner
on the southerly boundary of said Lot RU-302A; Thence, sixth course: S77º18’13”E,
along the northerly boundary of said Tract 19, common to the southerly boundary
of said Lot RU-302A, a distance of 300.20 feet, to a corner on the northerly boundary
of said Tract 19, common to southeasterly corner of said Lot RU-302A, and the
point of beginning, said Parcel contains 81,160 square feet or 1.863 acres more
or less, located south of Central High School
between North Mount Rushmore Road and West Boulevard North and north of Omaha
Street.
101.
No.
LF120209-15 – First
102.
No.
09OA008
– Second 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 as amended.
103.
No.
LF111009-05 – Second 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.
104.
No.
LF111009-09 – Second 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.
105.
No.
LF111009-13 – Second 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.
Growth Management Department Items
106.
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.
107.
No.
09PL069 - A request by Frontera Chicos, LLC for a Layout Plat on Lots A thru C of Lot 2 of Huffman Subdivision, located
in the N1/2 of the SW1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington
County, South Dakota, legally described as Lot 2 of Huffman Subdivision, located in the N1/2 of the SW1/4 of Section
32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located
southeast of the intersection of East North Street and
North Cambell Street.
108.
No.
09PL070 - A request by Terry Stocker for a Preliminary Plat on Lot D in Block 113 of the Original Town of Rapid City,
Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota,
legally described as the south 40 feet of Lots
15 and 16, the north 25 feet of the south 65 feet of Lots 15 and 16 and the balance
of Lots 15 and 16 in Block 113 of the Original Town of Rapid City, Section 1,
T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at
810 Mount Rushmore Road.
Legal & Finance Committee Items
109.
No.
LF101409-03 – Authorize Mayor and Finance Officer to sign an amended Developer’s
Agreement for Tax Increment District 52
110.
No.
LF120209-02 – Request staff to prepare a Covenant Agreement between the
City of
111.
No.
LF120209-36 – Approve Travel and Training Regulations with the request
that the Mayor further review the allowances for meals.
112.
No. LF120209-11
– Approve changes to the approved SDCL 1-19A-11.1 final determination relative
to the remodel of home and garage construction at
113.
No.
LF102809-19 – Authorize the Mayor and Finance Officer to sign Agreement by and
between the Fraternal Order of Police South Dakota Lodge, #2A and the City of
Public Works Committee Items (None)
Bids
114.
No.
CC120709-02.1 - Snow Removal Operations for City Parking Ramp (Opened
115.
No.
CC120709-02.2 – City /
Mayor’s Items
Council Items & Liaison Reports
116.
No.
CC120709-04 – Sales Tax Revenue Update
117.
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
118.
No.
CC120709-03 - Vision 2012 Update
Appeals
DARB
License application appeals
Sign Code Appeals
119.
No.
CC120709-05 - Pole Sign, Lighting Maintenance Co., Paul Weber
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS
– Items 120 – 218
Open Public Hearing (comment) -- Items 120 – 218
CONTINUED PUBLIC HEARING
CONSENT ITEMS – Items 120 – 124
Remove Items from the “Continued Public
Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent
Items
Continue the following items until
December 21, 2009:
120.
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.
121.
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 of the ______________ Subdivision,
location 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 the BHM, Pennington Count, South
Dakota, located at the southeast corner of the intersection of Fifth Street and
Catron Boulevard.
122.
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.
Continue the following items until
123.
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
124.
No.
08OA003 - A request by City of
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 120 – 218
CONSENT PUBLIC HEARING
ITEMS – Item 125
– 211
Remove Items from the “Consent Public
Hearing Items” and Vote on Remaining Consent Items
Growth Management Items
125.
No.
09CA030 – Approve 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 Medium
Density Residential with a Planned Residential Development on 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.
126.
No.
09VR006 - A request by Renner & Associates for South Dakota Board of Regents
for a Vacation of Section Line Highway on the Section Line right-of-way located adjacent to the
SW1/4 of Section 27, T2N, R8E, and the NW1/4 of Section 34, T2N, R8E, BHM, Rapid
City, Pennington County, South Dakota, located north of Cheyenne Boulevard.
Alcohol Licenses
Retail (on-off sale) Wine License Renewals
127.
128.
Uncork’d
Wine and Tapas Bar LLC,
129.
Bully
Blends Coffee and Tea Inc DBA Bully Blends Coffee and Tea,
130.
Linda
and Frank Morrison DBA Thirstys,
131.
Leading
Edge Management LLC DBA Buffalo Wings and Rings,
132.
TADY
LLC DBA Sports Buzz Family Food N Fun,
133.
Piesano’s
Pacchia Inc DBA Piesano’s Pacchia, 3618 Canyon Lake Dr. #33, for a Retail (on-off
sale) Wine License
134.
Chrisbro
LLC DBA Hampton Inn,
135.
Rhonda
Berger and Jim Berger DBA Ichiban,
136.
Late
Harvest Inc. DBA Tally’s Silver Spoon,
137.
Mae
Jean Adams DBA The Corn Exchange,
138.
Barbecsul
Inc DBA Sandtrap Grill and Bar,
139.
Central
States Fair Inc. DBA Central State Fair,
140.
Black
Hills Coffee Company DBA Black Hills Coffee, 5955 S Hwy. 16 #G, for a Retail (on-off
sale) Wine License
141.
Khoury’s
Mediterranean Cuisine Inc. DBA Khoury’s Mediterranean Cuisine, 1109 W Omaha St.
Ste. D, for a Retail (on-off sale) Wine License
142.
143.
Wine
Cellar Restaurant LLC DBA Wine Cellar Restaurant,
144.
Lisa
Holbrook DBA The Beanery,
145.
WR
Rapid City Ventures DBA Oakleaf Beer Garden,
146.
Museum
Alliance of Rapid City Inc. DBA The Journey Museum,
147.
Century
Motels Inc. DBA Howard Johnson Express Inn and Suites,
148.
Mai
T. Goodsell DBA Saigon Restaurant,
Retail (on-sale) Liquor License Renewals
149.
Fraternal
Order of Eagles DBA Rapid City Aerie No. 3555, 1410 Centre Street, for a Retail
(on-sale) Liquor License
150.
Blue
Lantern Lounge Inc. DBA Blue Lantern Lounge,
151.
Hungrys
Restaurants Inc. DBA Marlins Roadhouse Grill,
152.
City
of Rapid City DBA Airport Restaurant and Lounge,
153.
Heinsel
Investments LLC DBA Comfort Suites,
154.
Entertainment
Inc. DBA Robbinsdale Lounge,
155.
156.
Kelly’s
Sports Lounge Inc. DBA Kelly’s Sports Lounge,
157.
LaCroix
Investments Inc. DBA Time Out Lounge,
158.
Beshara
Enterprises Inc. DBA The Pirates Table,
159.
MG
Oil Company DBA Clock Tower Lounge,
160.
Viper
LLC DBA Quality Inn/Reunion Lounge,
161.
Karen
J Schumacher DBA Brass Rail Lounge,
162.
AJ
Inc DBA Shotgun Willies,
163.
Sioux
Restaurants Inc. DBA
164.
TADY
LLC DBA Teddy’s Sports Grill,
165.
Fresch
Inc DBA Joes Place, 4302 S Hwy 79, for a Retail (on-sale) Liquor License
166.
Sodak
Mex I Inc. DBA On The Border,
167.
Michael
O Wieseler DBA Horseshoe Bar,
168.
Arnolds
Inc DBA Buck-N-Gator,
169.
Derby
Advertising Inc. DBA Canyon Lake Chophouse,
170.
Western
Dakota Gaming Inc. DBA Valley Sports Bar,
171.
American
Legion,
172.
Ugly
Inc. DBA Budd Ugly’s,
173.
Dealer
Exchange Inc. DBA Kaktus Kim’s, Rushmore Mall Space 478, for a Retail (on-sale)
Liquor License
174.
Fox
Family Enterprises Inc. DBA Rodeway Inn,
175.
Arrowhead
Country Club,
176.
WR
Rapid City Ventures LP, Minerva’s Restaurant & Bar,
177.
The
Retired Enlisted Assoc Inc Chapter 29,
178.
Outback
Midwest II LP DBA Outback Steakhouse, 665 Disk Drive, for a Retail (on-sale) Liquor
License
179.
Cortez
LLC DBA Alex Johnson Hotel,
180.
Atlantis
LLC DBA Fairfield Inn and Suites by Marriott,
181.
Porter
Apple Company DBA Applebee’s Neighborhood Grill and Bar,
182.
Shooters
Inc. DBA Shooters,
183.
RC
Boston Company LLC DBA Boston’s Restaurant and Sports Bar, 620 E. Disk Drive,
for a Retail (on-sale) Liquor License
184.
Steven
C Lester DBA Rushmore Plaza Holiday Inn,
185.
Retsel
Inc DBA Cheers/Ramada Inn,
Package (off-sale) Liquor License Renewals
186.
Smith’s
Liquor Gallery Inc. DBA Smith’s Liquor Gallery,
187.
Sooper
Dooper Markets Inc. DBA Sooper Dooper #1, 913 E
188.
Sully
Enterprises LLC DBA Common Cents,
189.
Sully
Enterprises LLC DBA Common Cents,
190.
Staple
and Spice Market Inc. DBA Staple and Spice Market,
191.
LaCroix
Investments Inc. DBA Bus’s Bottle Shop,
192.
Bach
Investment Inc. DBA Hideaway Casino, 1575 N LaCrosse St. Ste. D, for a Package
(off-sale) Liquor License
193.
Fresh
Start Convenience Stores Inc. DBA Ranch Mart,
194.
195.
Thrifty
Smoke Shop Inc. DBA Thrifty Smoke Shop,
196.
Thrifty
Smoke Shop Inc. DBA Thrifty Smoke Shop
197.
198.
Nash
Finch Company DBA FTC Express #257, 3460 Sturgis Rd., for a Package (off-sale)
Liquor License
199.
200.
Nash
Finch Company DBA Prairie Bottle Market #43, 13 New York Street, for a Package
(off-sale) Liquor License
201.
202.
Canyon
Lake Liquors
203.
Derby
Advertising Inc. DBA Canyon Lake Chophouse,
204.
Carol
Enterprises Inc. DBA Don’s Valley Express #2, 3343 N Haines Ave., for a Package
(off-sale) Liquor License
205.
Carol
Enterprises DBA Valley Liquor,
206.
Yellow
Robe Enterprises LLC DBA Dacotah Liquors,
207.
Wal-East
Development Inc. DBA Jackpot Casino Too,
208.
Cortez
LLC DBA Alex Johnson Hotel,
209.
Steven
C Lester LLC DBA Rushmore Plaza Holiday Inn,
210.
Retsel
Corp DBA Ramada Inn,
211.
Dakotas
Best Brown Bag Deli Inc DBA Dakota Best Brown Bag Deli,
Assessment Rolls
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC
HEARING ITEMS
– Items 212 – 218
212.
No.
09RZ045 – Second Reading, Ordinance
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 on 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.
213.
No.
09RZ048 – Second Reading, Ordinance
5556, 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
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. .
214.
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.
215.
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.
216.
Authorize the Mayor and Finance Officer to sign the waiver of right
to protest a future assessment for the installation of sewer along Mount Rushmore
Road as they abut the south 40 feet of Lots 15 and 16, the north 25 feet of the
south 65 feet of Lots 15 and 16 and the balance of Lots 15 and 16 in Block 113
of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington
County, South Dakota, located at 810 Mount Rushmore Road. (09SV022)
217.
No.
09SV022 - A request by Terry Stocker for a Variance to the Subdivision Regulations
to waive the requirement to install sewer as per Chapter 16.16 of the Rapid City
Muncipal Code on Lot D in Block 113
of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington
County, South Dakota, legally described as the south 40 feet of Lots 15 and 16, the north 25 feet
of the south 65 feet of Lots 15 and 16 and the balance of Lots 15 and 16 in Block
113 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City,
Pennington County, South Dakota, located at 810 Mount Rushmore Road.
218.
No.
09VR007 - A request by FMG, Inc. for Horst Properties, LLC for a Vacation of
Right-of-way on , legally described as A 20 foot wide section of Rand Road right-of-way adjacent to Lot B of Tract
F of Deadwood Avenue Tract and Lot C of Fowler Subdivision all located in NE¼
of NW¼ of Section 34, T2N, Range R7E, BHM, Pennington County, Rapid City, South
Dakota, Commencing at a point which is a ½” rebar marking the northeast corner
of Lot B of Tract F of Deadwood Avenue Tract located in in NE¼ of NW¼ of Section
34, T2N, Range R7E, BHM, Pennington County, Rapid City, South Dakota which is
the point of beginning, Thence N00º15’22”E a distance of 74.44 feet to a point;
Thence S80º32’39”E a distance of 20.26 feet to a point; Thence S00º15’21”W a distance
of 71.14 feet to a point; Thence S00º05’08”E a distance of 384.52 feet to a point;
Thence S89º54’52”W a distance of 20.00 feet to a point; Thence N00º00’00”E a distance
of 385.00 feet to the point of beginning, located on that
portion of Rand Road south of Commerce Road and east of Deadwood Avenue.
BILLS
219.
No.
CC120709-01 – Bill List for
EXECUTIVE SESSION for the purposes permitted by SDCL
STAFF DIRECTION
ADJOURN