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 – 83
Public Comment opened – Items 3 – 65
Public Comment closed
CONSENT ITEMS – Items 3 – 58
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
(
3.
Dadah
Kids Corp. DBA Pauly’s Pizzeria and Sub Co.,
4.
South
City Investments LLC DBA South City Billiards, 640 E St. Patrick Street for a
Retail (on-off sale) Malt Beverage License WITH Video Lottery TRANSFER from Michael
O. Wieseler DBA Horseshoe Bar, 1407 ½ E North Street
5.
Black
Hills Chapter of Germans from Russia Heritage Society for a Special Event Beer
License for an event scheduled for
Public Works Committee Consent Items
6.
Overview of the
7.
Acknowledge
Report from the Police Department, Lt. James Johns.
8.
No. PW121509-01 – Approve Change
Order No. 1F to Highmark, Inc. for
9.
No. PW121509-02 – Approve Change
Order No. 1F to Hills Materials Company, for Main Fire Station Waterline, Project
No. IDP09-1791 / CIP No. 50772, for a decrease of $2,604.28.
10.
No. PW121509-03 – Authorize
Staff to Advertise for Bids for the
11.
No. PW121509-04 – Authorize
Staff to Advertise for Bids for the Landfill Gas Collection System, Project No.
LF09-1795 / CIP No. 50762. Estimated Amount of Project: $1,350,000
with $600,000 provided by Department of Energy Grant.
12.
No. PW121509-05 – Authorize Staff to Advertise for Bids for the E. St. Francis Street,
E. St. Anne Street, and Birch Avenue Reconstruction, Phase Two Project Three of
Robbinsdale Reconstruction Project, Project No. ST09-1823 / CIP No. 50424.
Estimated Amount of Project: $1,750,000.00.
13.
No. PW121509-06 – Authorize
Mayor and Finance Officer to Sign Amendment No. 2 to the Agreement with Ferber
Engineering Company, Inc. for the East Mall Drive Connection-North La Crosse Street
to East North Street, Project No. ST06-1334b / CIP No. 50521, EM1608(3)-
14.
No. PW121509-07 – Authorize
Mayor and Finance Officer to Sign an Agreement Between City of
15.
No. PW121509-08 – Authorize
Mayor and Finance Officer to Sign Amendment No. 1 to the Agreement with Geiger
Architecture for the Milo Barber Transportation Center Improvements, Project No.
GB08-1765 / CIP No. 50746, for an increase of $36,250.00.
16.
No. PW121509-09 – Authorize
Mayor and Finance Officer to Sign an Agreement with
17.
No. PW121509-10 – Authorize
Mayor and Finance Officer to Sign Addendum No. 4 to the Agreement with SD Department
of Military and Veterans Affairs Lease Agreement, dated
18.
No. PW121509-11 – Authorize
Mayor and Finance Officer to Sign an Agreement with Dream Design International,
Inc. for
19.
No. PW121509-12 – Authorize
Mayor and Finance Officer to Sign an Agreement with Dream Design International,
Inc. for the
20.
No. PW121509-13 – Authorize
Mayor and Finance Officer to Sign Amendment No. 1 to the Agreement with FMG, Inc.
for the Anamosa Street Reconstruction (Haines to Midway), Project No. ST07-1472
/ CIP No. 50519, in the amount of $8,654.20.
21.
No. PW121509-14 – Authorize
Staff to Purchase Roadway Deicing Salt. Estimated Cost: $100,000.00.
22.
No.
09FV013 - Stoneridge Subdivision – Acknowledge the applicant’s request
to withdraw the application for a Fence Height Exception to allow a six foot
high fence in the front yard setback on Lots 1 of Block 2 of Stoneridge Subdivision,
Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally
described as being located at 310 Gemstone Drive.
23.
No. 09TP032 - Approve
2010-2014 Transportation Improvement Program Amendment No. 10-001R.
24.
Acknowledge
the Report on Diving Board Use during Family Swim Time.
25.
No.
LF120209-38 – Acknowledge the report on Providing Equipment and Manpower
to Clean up
26.
Authorize the City Attorney’s
Office to prepare an agreement with the
Legal & Finance Committee Consent Items
27.
No.
LF120209-35 – Authorize Mayor and Finance Officer to sign Joint Powers
Agreement with the School District Regarding Central High School.
28.
No.
LF101508-22A – Approve request from Phil Olsen to authorize Mayor and
Finance Officer to sign Developer’s Agreement with Hidden Valley, Inc. for Tax
Increment District Number 61 as amended.
29.
No.
LF121609-06 – Recommend that the City Council continue request from the
Humane Society to discuss Agreements between the City of Rapid City and The Humane
Society of the Black Hills for Shelter Service and Animal Control Services to
the December 29, 2009, Special Council meeting.
30.
No.
LF121609-14 – Approve the following appointments to the Mechanical Board
for two year terms to expire
31.
No.
LF121609-15 –
Approve the appointment of Wayne Gutzmer to the Gas Board for an indefinite term.
32.
No.
LF121609-16 – Approve the following appointments to the Parks & Recreation
Board: re-appointment of Van Lindquist and Wes Storm for a three year term to
expire January, 2013, appointment of Lisa Seaman to complete the unexpired term
of Wade Morris to expire January, 2012, and appointment of Michaele Hofman for
a term to expire January, 2012 replacing the term of Jim Smoragiewicz who recently
resigned.
33.
No.
LF121609-17 – Approve the re-appointment of Rich Huffman to the Rushmore
Plaza Civic Center Board for a full three year term to expire January, 2013.
34.
No.
LF121609-18 – Approve the following appointments to the Development Appeals
and Review Board: Mike Albertson, Bob Brandt John Herr, and Pat Wyss for two year
terms to expire
35.
No.
LF121609-19 – Approve the following appointments to the Mayor’s Committee
on Disabilities: Brenda French, Chuck Henrie, Dale Landis, Jim Schamber, Kathy
Ertel, Lynn VonWald and Mark Kjellerson for two year terms to expire
36.
No.
LF121609-20 – Approve the appointment of Brian Neumann as the general
contractor representative to the Fire Code Board of Appeals for a four year term
to expire
37.
No.
LF121609-21 – Approve the re-appointment of John Herr to the Zoning Board
of Adjustments for a three year term to expire
38.
No.
LF121609-22 – Approve the following appointments to the Library Board:
appointment of Richard Haeder to a full three year term to expire
39.
No.
LF121609-23 – Approve the following appointments to the Journey Museum
Board: re-appointment of Jim Shaw for a term to expire January , 2014; appointment
of James Fields, Chad Thies, Fred Whiting and Michelle Thomson for a term to expire
January, 2014.
40.
No.
LF121609-25 – Approve appointments of Cheryl Pederson and Bret Swanson
to the Humane Society of the
41.
No.
LF121609-27 - Approve Resolution Establishing Maximum Salaries for Certain
City Officers.
42.
No.
LF071509-10 – Approve a Resolution Designating
43.
No.
LF071509-10 - Approve a Resolution Designating Various Publicly Owned
Properties as
44.
No.
LF120209-03 – Approve the 2010 proposed items for the 2012 Process, Phase
4, with the structure being as it was in 2005.
45.
No.
LF121609-01 – Authorize staff to accept grant from South Dakota Hazardous
Materials Emergency Preparedness for the HazMat ICS (Incident Commander) Course
in
46.
No.
LF121609-02 –
Authorize staff to accept grant from South Dakota Hazardous Materials Emergency
Preparedness for the HazMat Emergency Response Course in
47.
No.
LF121609-03 – Authorize staff to accept grant from South Dakota Hazardous
Materials Emergency Preparedness for the HazMat Technician Course in
48.
No.
09TP033 – Authorize
Mayor and Finance Officer to sign the Professional Services Agreement with Alta
Planning and Design for the Bicycle and Pedestrian Master Plan in an amount not
to exceed $72,000.
49.
No.
LF121609-04 – Approve request from Doug Williams for compromise of special
assessment interest penalty.
50.
No.
LF121609-05 – Approve the 2010 Allied Arts City Subsidy disbursal.
51.
Acknowledge
the following volunteers for workmen’s compensation purposes: Ellen Benton, Ari Crawford, and Angela Coon.
52.
No.
LF121609-12 – Approve Resolution No. 2009-172 Declaring Property Surplus.
53.
No.
LF121609-07 – Authorize Mayor and Finance Officer to sign Amendment #2
CityWorks Software License Agreement.
54.
No.
LF121609-08 – Authorize Mayor and Finance Officer to sign the State of
55.
No.
LF121609-13 – Approve Resolution No. 2009-171 to Establish Rates for the
City of
56.
No.
LF121609-09 – Approve Request for Proposals for Real Estate Broker Services
(Wally Byam).
57.
No.
LF121609-10 – Authorize Mayor and Finance Officer to sign Agreement between
the City of
Growth Management Department Consent Items
58.
No.
09PL046 – Deny Without Prejudice
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.
END OF CONSENT CALENDAR
CONTINUED CONSENT
ITEMS – Items
59 – 65
Remove Items from the “Continued Consent
Items” and Vote on Remaining Continued Consent Items
Continue the following items until
January 4, 2010:
59.
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.
Continue the following items until
60.
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.
61.
No.
09PL047 - A request by Centerline, Inc. for
62.
No.
09PL072 - A request by Renner & Associates for Royal Nielsen for
a Preliminary
Plat on Lots A and B of Lot 15 Revised
of Hillsview Subdivision, Section 5, T1N, R8E, BHM, Rapid City, Pennington County,
South Dakota, legally described as Lot 15 revised of Hillsview Subdivision and the sought
293 feet of Lot 6 of Marshall Subdivision, located in the NE1/4 of the SE1/4 and
in the SE1/4 of the NE1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County,
South Dakota, located adjacent to the north
side of East S.D. Highway 44 between Rockhill Road and Hillside Drive.
63.
No.
09PL074 - A request by Fisk Land Surveying & Consulting Engineers for Ehli
Family Trust for a Preliminary Plat on Lots C, D and E of Mahoney Addition No. 2, located in the SE1/4, Section
25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally
described as the east 90 feet less north 8.5 feet
of Block 103, the west 50 feet less the north 8.5 of Block 102, the east 115 feet
less the north 8.5 feet of Block 102 all in Mahoney Addition, located in the SE1/4,
Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota,
located at 125, 131 and 133 MacArthur.
64.
No.
09PL076 - A request by Britton Engineering & Land Surveying for Vantage
Properties, LLC for a Preliminary Plat on Lot 1 of Vista Ridge Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota,
legally described as Lot 4 and a portion of Lot 3 and a portion of the NW1/4
SW1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota,
located south of East North Street between Cambell
Street and Anamosa Street.
Continue the following items until
65.
No.
09PL075 - A request by Fisk Land Surveying and Consulting Engineers for Walter
J. Bradsky for a Preliminary Plat on Lots 5A and 5B of Aspen Estates Subdivision, Section 12, T1N, R6E, BHM, Pennington
County, South Dakota, legally described as Lot 5 of Aspen Estates Subdivision, located in Section
12, T1N, R6E, BHM, Pennington County, South Dakota, located at 7800 Elkhart Road.
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS – Items 66 – 83
Public Comment opened – Items 66 – 83
Public Comment closed
Ordinances
66.
No.
LF120209-01A – First Reading, Ordinance No. 5569, An Ordinance to Allow
for the Conversion of an On-Premises Sign to Off-Premises Sign for More than One
Parcel by Amending Subsection Q of Section 15.28.050 of the Rapid City Municipal
Code.
67.
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 on 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.
Growth Management Department Items
68.
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.
69.
No.
09AN001 - A request by Carl R. Schuler, Jr. for a Petition for Annexation on Lot 4 of Melody Acres located in the NW1/4 SW1/4 of Section
9, T1N, R8E, BHM, Pennington County, South Dakota, located south of Melody Lane and east of South Valley Drive.
70.
No.
09AN002 - A request by DuWayne and Michelle Britton Ness for a Petition for
Annexation on Lot 3N of Lot 3 of Melody
Acres located in the NW1/4 SW1/4, Section 9, T1N, R8E, BHM, Pennington County,
South Dakota, located at 2818 Melody Lane.
71.
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.
72.
No.
09PL073 - A request by Sperlich Consulting, Inc. for Triple Z Estate Development
for a Preliminary Plat on Lot 19 of Block 11 of Elks Country Estates, located in the E1/2 of Section
16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally
described as a portion of Tract 1 and a portion
of Tract 2 located in the E1/2 of Section 16, T1N, R8E, BHM, Rapid City, Pennington
County, South Dakota, located south and
east of the intersection of Padre Drive and Jolly Lane.
Legal & Finance Committee Items
73.
No.
LF120209-02A – Authorize Mayor and Finance Officer to sign Covenant Agreement
between the City of
74.
No.
LF121609-26 – Confirm appointments of Tamara Pier, Shawn Krull, and Cynthia Matson
to the Historic Preservation Commission.
75.
No.
LF121609-11 – Authorize the Mayor and Finance Officer to sign License Agreement
for Police Department Training at
Public Works Committee Items
76.
No.
09EX117 – Deny a Request to allow a residential driveway approach opening
width greater than 20’ for a residential lot located at 4122 Quiment Court in
Red Rock Meadows Subdivision.
Bids
77.
No.
CC122109-02.1 –
78.
No.
CC122109-02.2 –
79.
No.
CC122109-02.3 – Transit Shelters Installation Project No. TS09-1835 /
CIP No. 50779 (Opened
80.
No.
CC122109-02.4 –
81.
No.
CC122109-02.5 – 11th Street Alley Sanitary Sewer Reconstruction
Project No. SS9-1772 / CIP No. 50422 (Opened
Mayor’s Items
Council Items & Liaison Reports
82.
A
request that the Introduction and First Reading of Ordinance No. 5501 to Prohibit
the Feeding of Wildlife and Waterfowl in the City of Rapid City by Establishing
Chapter 6.16 of the Rapid City Municipal Code be placed on the January 4, 2010
City Council agenda, Alderman Olson
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
Appeals
DARB
License application appeals
Sign Code Appeals
83.
No.
CC120709-05 - A request by Lighting Maintenance Company to appeal the
denial of a pole sign permit (Continued
from
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS
– Items 84 – 125
Open Public Hearing (comment) -- Items 84 – 125
CONTINUED PUBLIC HEARING
CONSENT ITEMS – Item 84
Remove Items from the “Continued Public
Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent
Items
Continue the following items until
84.
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, 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.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 84 – 125
CONSENT PUBLIC HEARING
ITEMS – Item 85
– 113
Remove Items from the “Consent Public
Hearing Items” and Vote on Remaining Consent Items
Growth Management Items
85.
No.
09CA031 – Approve a request by Renner & Associates for Rapid City Area School District No. 51-4
for an Amendment
to the Adopted Comprehensive Plan to change the land use designation from Public
with Flood Hazard to Civic Center on 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.
86.
No.
09SV023 – Approve a request by Sperlich Consulting, Inc. for Triple Z Estate Development for a Variance to
the Subdivision Regulations to waive the requirement to install curb, gutter,
sidewalk, street light conduit, water and sewer along the access easement, to
reduce the access easement width from 45 feet to 16 feet, and to reduce the pavement
width from 20 feet to 9 feet as per Chapter 16.16 of the Rapid City Municipal
Code on Lot 19 of Block 11 of Elks Country
Estates, located in the E1/2 of Section 16, T1N, R8E, BHM, Rapid City, Pennington
County, South Dakota, legally described as A portion of Tract 1 and a portion of Tract 2, located
in the E1/2 of Section 16, Section 16, T1N, R8E, BHM, Rapid City, Pennington County,
South Dakota, more fully described as follows: Commencing at the southwest corner
of Lot 18 of Block 11, Elks Country Estates Located in the E1/2 of the SE1/4 of
Section 16, T1N, R8E, BHM, and common to the Jolly Lane right-of-way of record;
Thence, first course: N53º23’47”E, along the south boundary of said Lot 18 of
Block 11 of Elks Country Estates, a distance of 85.00 feet; Thence, second course:
S21º21’11”E, a distance of 200.51 feet; Thence, third course: S65º23’01”W, a distance
of 20.36 feet; Thence, fourth course: S65º23’12”W, a distance of 64.64 feet; Thence,
fifth course: a curve common to the Jolly Lane right-of-way with a length of 183.19
feet, a radius of 1200.00 feet, a delta of 08º44’47”, a cord bearing of N20º27’32”W,
and a cord distance of 183.01 feet and the southwest corner of Lot 18 of Block
11, Elks Country Estates and the Point of Beginning, located south and east of the intersection of Padre Drive and Jolly Lane.
Alcohol Licenses
87.
Leather
Unlimited, Inc. DBA Someone’s In The Kitchen,
88.
Black
Hills Beau Jo’s LLC DBA Beau Jo’s Pizza,
89.
Black
Hills Beau Jo’s LLC DBA Beau Jo’s Pizza,
90.
Charles
J. Desmond DBA Ifrit’s Hookah Lounge, 725 St. Joseph St. for a 2010 Retail (on-off
sale) Wine License
91.
Charles
J Desmond DBA Ifrit’s Hookah Lounge,
92.
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
93.
S&Y
Inc. DBA Golden Phoenix Restaurant,
94.
Botticellis
Ristorante Italiano Inc. DBA Botticellis Ristorante Italiano,
95.
Delmonico
Grill Inc. DBA Delmonico Grill,
96.
Los
Espinos LLC DBA LaCosta Mexican Restaurant,
97.
Orris
Enterprises Inc. DBA Vino 100,
98.
Yeung
Inc. DBA Imperial Chinese Restaurant,
99.
Northstar
Inc. DBA Hunan’s Restaurant,
100.
Dan
Trieu Ly DBA Golden Fortune,
Package (off-sale) Liquor License Renewals
101.
Gentner
and Salter LLC DBA The Wine Rack,
102.
Lily
Corp DBA Flowers By LeRoy,
103.
Orris
Enterprises Inc. DBA Vino 100,
104.
Safeway
Stores 46 Inc. DBA Safeway Store #1554 , 730 Mt. View Rd. for a Package (off-sale)
Liquor License
105.
Safeway
Stores 46 Inc. DBA Safeway Store #581 , 2120 Mt. Rushmore Rd. for a Package (off-sale)
Liquor License
106.
Nauman
Flying Service Inc. DBA Autumn Hills Plaza Liquor,
Retail (on-sale) Liquor License Renewals
107.
Dubin
Square
108.
109.
VFW
DBA Rushmore Post 1273,
110.
Martom
Management DBA Day’s Inn Lounge,
111.
Lost
Steer LLC DBA The Lost Steer, 5412 S Hwy 16 for a Retail (on-sale) Liquor License
Assessment Rolls
112.
No.
PW111009-13 - Resolution Levying Assessment for the
113.
No.
LF111009-07 - Resolution Levying Assessment for the
Cleanup of Miscellaneous Property
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC
HEARING ITEMS
– Items 114 – 125
114.
Public
Hearing for a Resolution of Intent to Enter into Lease with Youth and Family Services
115.
No.
LF121609-24 – Approve request from David Miller at YFS to authorize Mayor
and Finance Officer to sign Amendment of Lease for
116.
Public
Hearing for a Resolution of Intent to Enter into Exchange of Land with St. Joe
Development, LLC Pursuant to SDCL 9-27-34.1
117.
Authorize
Mayor and Finance Officer to sign deeds and other necessary closing documents.
118.
No.
09PD051 – An Appeal of the Planning Commission’s decision on a request by Dream Design International, Inc. for a Planned Commercial
Development - Initial and Final Development Plan on 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.
119.
No.
09RZ044 - Second Reading, Ordinance
5553, 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 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.
120.
No.
09RZ050 - Second 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 the City of
Rapid City for a Rezoning from No Use District to Mobile Home Residential
District on 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.
121.
No.
09RZ051 - Second 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 the City of
Rapid City for a Rezoning from No Use District to Mobile Home Residential
District on 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.
122.
No.
09RZ052 - Second 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 the A request by City of Rapid City for a Rezoning from No Use District to Mobile Home Residential
District on 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.
123.
No.
09RZ053 - Second 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 the City of
Rapid City for a Rezoning from No Use District to Mobile Home Residential
District on 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.
124.
Authorize the Mayor and Finance Officer to sign the waiver of right
to protest a future assessment for the installation of curb, gutter, street light
conduit, sidewalk along one side of the street and water along the access street
as they abut 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.
(09SV020)
125.
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.
BILLS
126.
No.
CC122109-01 – Bill List for
EXECUTIVE SESSION for the purposes permitted by SDCL
STAFF DIRECTION
127.
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
Rapid City (Continued from the December
7, 2009 City Council meeting)
ADJOURN