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City Council Policies and Procedures

 

 

AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

7:00 P.M., January 19, 2010

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for January 4, 2010 with correction (No. CC011910-03)

 

AWARDS AND RECOGNITIONS

 

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 – 59

 

Public Comment opened – Items 3 – 45

Public Comment closed

 

CONSENT ITEMS – Items 3 – 36

 

Remove Items from the “Consent Items” and Vote on Remaining Consent Items

 

Vacations of Right-Of-Way Set for Hearing (February 16, 2010)

 

3.                  No. 09VR010 - A request by Ferber Engineering Company for South Dakota Game Fish and Parks for a Vacation of Right-of-way of , legally described as North 40th Street Right-of-Way located in Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota more particularly described as: Commencing at a found plastic cap marked Renner #2652 at the Northwest corner of Lot 4 of Block 1 of Tract G of Meadowwood along the southern right-of-way line of Dean Lane, the true point of beginning; THENCE, S01º57’54”W, a distance of 149.60’ feet along the east right-of-way line to a found cap marked Polenz #4208; THENCE, S01º57’54”W, a distance of 130.02 feet along the east right-of-way line; THENCE, N88º03’10”E, a distance of 60.06 feet; THENCE, N01º58’10”E, a distance of 279.68 feet along the west right-of-way line to a found cap marked FMG #4225; THENCE, N00º22’58”E, a distance of 89.86 feet along the west right-of-way line to a found cap marked Renner #2652; THENCE, S88º00’09”E, a distance of 60.09 feet along the north right-of-way line; THENCE, S02º03’12”W, a distance of 60.58 feet to the true point of beginning, located at the northern terminus of North 40th Street and west of Sturgis Road.

 

Alcoholic Beverage License Applications Set for Hearing (February 1, 2010)

 

4.                  Central Baseball Association for a Special Event Beer License for an event scheduled February 27, 2010 at the National Guard Armory on Range Road.

 

Public Works Committee Consent Items

 

5.                  No. PW011210-01 – Approve a Request from Hewey Clemmons to Connect to the Rapid City Sanitary Sewer System. 

 

6.                  No. PW011210-02 – Acknowledge the report on 2009 & 2010 ADA Improvements in the Public Right-of-Way. 

 

7.                  No. PW011210-03 – Approve Change Order No. 2 to Rangel Construction Co., LLC for Fire Station #7, Project No. FD08-1767, for an increase of $29,933.48.   

 

8.                  No. PW011210-04 – Authorize Staff to Advertise for Bids for Saint Joseph Street Landscaping, Project No. ST09-1818 / CIP No. 50771.  Funding to be provided by federal stimulus and Stearns Foundation grant.  Estimated cost of project:  $300,000.00.   

 

9.                  No. PW011210-05 – Authorize Staff to Advertise for Bids for Street Division Sander Spreader Truck.  2010 Budgeted Item.  Estimated cost of equipment:  $230,000.00. 

 

10.              No. PW011210-06 – Authorize Staff to Advertise for Bids for WRF UV Disinfection System HVAC, Project No. WRF09-1822 / CIP No. 50773.  Estimated cost of project:  $40,000.00.

 

11.              No. PW011210-07 – Authorize Mayor and Finance Officer to Sign Amendment No. 1 to Agreement with FMG, Inc. for Jackson Boulevard Utilities, Project No. SSW09-1509 / CIP No. 50351, in the amount of $6,680.00.

 

12.              No. PW011210-08 – Authorize Mayor and Finance Officer to Sign a Covenant Agreement Between the City of Rapid City and Frontera Chicos, LLC, for an Exception to Allow Plat to be Approved with Stipulations.

 

13.              No. PW011210-09 – Approve a Resolution Establishing Time and Place for Hearing on Assessment Roll for the Tower Road Water Main Loop, Project No. W09-1786 / CIP No. 50753.

 

14.              No. PW011210-10 – Authorize Staff to Seek Proposals for Engineering Services for Canyon Lake Drive Reconstruction, Project WTP10-878 / CIP #50004.

 

15.              No. 09RD007 - Approve a request by City of Rapid City to consider an application for a Resolution for a Road Name Change on a portion of St. Martin's Drive to City Springs Road on 100 foot wide St. Martins Drive right-of-way located in the SE1/4 of the NW1/4, NE1/4 of the SW1/4 and the W1/2 of the SE1/4, all located in Section 29, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Sturgis Road and south of Hidden Valley Road.

 

16.              No. 09EX139 – Deny the Request for an Exception to waive the requirement for a second access for 81 dwelling units regarding the proposed Lots 1, 2 and 3 of Block 1 of Spring Canyon Estates, Section 6, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.    

 

17.              No. PW011210-11 – Authorize Mayor and Finance Officer to Sign a Covenant Agreement with Hewey and Jill Clemmons.   

 

Legal & Finance Committee Consent Items

 

18.              Acknowledge withdrawal by Sylvia Conrad of request for abatement of special assessments.   

 

19.              No. LF011310-01- Acknowledge report from Mike Miles on 2009 All Nighter Adult Softball Tournament and moved to approve request for All Nighter Adult Softball Tournament to be held June 18-19, 2010.   

 

20.              Acknowledge the report by Stephanie Schweitzer Dixon of Front Porch Coalition regarding a grant application for suicide prevention, training, and education in the community and moved to recommend that the City Council prepare a letter in support of the grant application. 

 

21.              No. LF011310-02 – Confirm reappointment of Steve Malone (Two Year Term) and confirm appointment of Charles (Buzz) Hammerquist to the Mechanical Board (both terms to expire December 31, 2011).   

 

22.              No. LF011310-03 – Confirm appointment of Doug Rumpca and Dan Hop to the Sign Contractor Board (to replace Daniel Wegner and Sean Casey) (terms to expire December 31, 2011).

 

23.              No. LF011310-24 - Acknowledge discussion on the Lemmon Street properties. 

 

24.              No. LF011310-06 – Authorize Mayor and Finance Officer to sign Engagement Letter with Casey Peterson & Associates for the 2009 Annual Audit with cost not to exceed $32,000. 

 

25.              Authorize Finance Office to go out for RFP's for audit services for the year 2010, with the option of renewing for years 2011 and 2012.   

 

26.              No. LF011310-09 – Approve Resolution (#2010-002) Establishing Encumbrances. 

 

27.              No. LF011310-10 – Approve Resolution No. 2010-006 Establishing Time and Place for Hearing on Assessment Roll for Miscellaneous Property Clean Up.   

 

28.              No. LF011310-11 – Approve Resolution No. 2010-001 Declaring Property Surplus. 

 

29.              No. LF011310-12 – Approve Resolution No. 2010-007 Authorizing Finance Office to Begin Allocating Interest Earned on Tax Increment Financing Funds to the Tax Increment Debt Service. 

 

30.              No. LF011310-04 – Approve Resolution No. 2010-008 Authorizing Finance Office to Issue Treasurer’s Checks for Payment of Tax Increment Debt Service.  

 

31.              Acknowledge the following volunteers for workmen’s compensation purposes:  Kristen Basham, Dominic Heidt, and Hallee Wolfensberger. 

 

32.              No. LF011310-23 – Authorize staff to advertise for bids for Rapid City Parks Restroom Renovation Project PR09-6019.   

 

33.              No. LF011310-15 – Authorize Mayor and Finance Officer to sign License Agreement with Diocese of Rapid City.   

 

34.              No. LF011310-19 – Acknowledge raffle request from Big Brothers Big Sisters. 

 

35.              No. LF011310-20 – Acknowledge raffle request from Rapid City Downtown Association.

 

36.              No. LF011310-21 – Acknowledge request from Children’s Miracle Network for 21st Annual Black Hills Duck Race.

 

Growth Management Department Consent Items (None)

 

END OF CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 37 – 45

 

Remove Items from the “Continued Consent Items” and Vote on Remaining Continued Consent Items

 

Continue the following items until February 1, 2010:

 

37.              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.

 

38.              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.

 

39.              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.

 

40.              No. 09PL047 - A request by Centerline, Inc. for PLM Land Development, LLC for a Preliminary Plat on Lots 36 thru 53 of Block 1 of PLM Subdivision, located in the N1/2 NW1/4 and the unplatted SW1/4 NW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance located in the N1/2 NW1/4 and the unplatted SW1/4 NW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern extension of Conestoga Court.

 

41.              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.

 

42.              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.

 

43.              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 No. 2, located in the SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 125, 131 and 133 MacArthur.

 

44.              No. 09PL086 - A request by Dream Design International, Inc. for a Layout Plat on Lots 1, 2 and 3 of Lots 5R and 6R of Block 1 of Spring Canyon Estates, Section 6, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lots 5R and 6R of Block 1 of Spring Canyon Estates, Section 6, T1S, R7E, BHM, Pennington County, South Dakota, located at 5703 and 5707 Pioneer Circle.

 

Continue the following items until February 16, 2010

 

45.              No. 09PL083 - A request by Fisk Land Surveying & Consulting Engineers for Stephen M. Gowan for a Preliminary Plat on Lots A and B of Mahoney Addition No. 2 and dedicated right-of-way, located in the SE1/4, Section 25, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the east 90 feet of Block 122 and the west half of Block 123 of Mahoney Addition No. 2, located in the SE1/4, Section 25, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 134 Anamosa Street.

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 46 – 59

 

Public Comment opened – Items 46 – 59

Public Comment closed

 

Ordinances

 

46.              No. 09RZ057 – First Reading, Ordinance No. 5575, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Marcy Morkert for a Rezoning from General Commercial District to Medium Density Residential District of , legally described as the east 35 feet of the west 71 feet of Lot 21 of Block 38 of West Boulevard Addition, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located 814 Saint James Street.

 

47.              No. 09OA009 – First Reading of Ordinance No. 5570, An Ordinance Amending Conditional Uses within the General Commercial Zoning District by Amending Section 17.18.030(16) of the Rapid City Municipal Code.

 

48.              No. LF011310-08 – First Reading of Ordinance No. 5573, An Ordinance Regarding Supplemental Appropriation No. 1 for 2010.

 

49.              No. LF011310-22 – First Reading of Ordinance No. 5574, An Ordinance to Allow the City Council to Determine the Composition of the Citizens Committees Required by the 2012 Program by Amending Subsection 3.16.020(E) of the Rapid City Municipal Code.

 

50.              No. LF040109-24A1 – Second Reading of Ordinance No. 5501, An Ordinance 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. 

 

Growth Management Department Items

 

51.              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.

 

52.              No. 09PL085 - A request by Bob Brandt for Frontera Chicos, LLC for a Preliminary Plat on Lots 2A, 2B and 2C 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.

 

53.              No. 09PL087 - A request by FourFront Design, Inc. for Jim Mirehouse for a Layout Plat on Lot D of Block 1 of South Creek Industrial Park, located in the SW1/4 of the NW1/4 and the NW1/4 of the SW1/4, Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Block 1 less Lots 1 thru 8 of South Creek Industrial Park, Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2230 Cambell Street.

 

Legal & Finance Committee Items

 

54.              No. LF011310-07 – Discussion and direction on inserting the transcript from the award presented to Jack Van der Geest on March 2, 2009 into the minutes.

 

55.              No. LF011310-17 – A Request to Authorize the Mayor and Finance Officer to sign Temporary License Agreement with Cabela’s for Use of VIC Facilities  

 

56.              No. LF011310-18 – A Request to Authorize the Mayor and Finance Officer to sign Release of Terms of Agreement for Easements for VIC Watermain, Sewer Lift Station and Forcemain As It Relates to Tract 3 of Discovery Subdivision.   

 

Public Works Committee Items (None)

 

Bids

 

57.              No. CC011910-02.1 – E. St. Francis Street, E. St. Anne Street and Birch Ave. Street Reconstruction Project Phase Two – Project Three; Project No. ST09-1823 / CIP No. 50424 (Opened January 12, 2010)

 

58.              No. CC011910-02.2 – New Cold Water Meters (Opened January 12, 2010)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

59.              Set the public hearing date to consider the establishment of the Downtown Business Improvement District

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

Appeals

 

DARB

 

License application appeals

 

Sign Code Appeals

 

Other Appeals Heard by the Council

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 60 – 80

 

Open Public Hearing (comment) -- Items 60 – 80

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 60 – 66

 

Remove Items from the “Continued Public Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent Items

 

Continue the following items until February 1, 2010:

 

60.              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.

 

61.              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.

 

62.              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)

 

63.              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.

 

64.              No. 09SV025 - A request by Fisk Land Surveying & Consulting Engineers for Ehli Family Trust for a Variance to the Subdivision Regulations to waive the requirement to allow a one foot public access and utility easement in lieu of a one foot right-of-way dedication and to reduce the pavement width from 27 feet to 24 feet as per Chapter 16.16 of the Rapid City Municipal Code 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 the north 8½ feet of Block 103, the west 50 feet less the north 8½ feet of Block 102, the east 115 feet less the north 8½ feet of Block 102 all in Mahoney Addition No. 2, located in the SE¼ of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 125, 131 and 133 MacArthur.

 

65.              No. 09SV028 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to reduce the pavement width from 27 feet to 20 feet and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Pioneer Circle, to reduce the width of the private access and utility easement from 49 feet to a verifying width of 46.9 feet to five feet, to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the private access and utility easement, to reduce the width of the access easement from 49 feet to a verifying width of 40 feet to 20 feet and to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1, 2 and 3 of Lots 5R and 6R of Block 1 of Spring Canyon Estates, Section 6, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lots 5R and 6R of Block 1 of Spring Canyon Estates, Section 6, T1S, R7E, BHM, Pennington County, South Dakota, located at 5703 and 5707 Pioneer Circle.

 

66.              No. 09SV029 - A request by FourFront Design, Inc. for Jim Mirehouse for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Cambell Street and the 30 foot access easement, to reduce the width of the access easement from 59 feet to 30 feet, and to reduce the pavement width from 26 feet to 20 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lot D of Block 1 of South Creek Industrial Park, located in the SW1/4 of the NW1/4 and the NW1/4 of the SW1/4, Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Block 1 less Lots 1 thru 8 of South Creek Industrial Park, Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2230 Cambell Street.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment) -- Items 60 – 80

 

CONSENT PUBLIC HEARING ITEMS – Item 67 – 73

 

Remove Items from the “Consent Public Hearing Items” and Vote on Remaining Consent Items

 

Growth Management Items

 

67.              No. 09TI003 - The Villaggio at Golden Eagle – Hadcock moved to approve a request by Sperlich Consulting, Inc. for Villaggio, LLC to consider an application for a Tax Increment District No. 61 - Third Revised Project Plan on Lot 1, Stoney Creek South #2 Subdivision; Unplatted portion of E1/2 NW1/4 SE1/4; NE1/4 SW1/4 SE1/4 and Golden Eagle Drive located in the NE1/4 SW1/4 SE1/4 including Lots H3 and H4; Lot H1 in the SE1/4 SW1/4 SE1/4; Lot H2 in the SW1/4; Lot H2 in the SW1/4 NW1/4 SE1/4 and the NW1/4 SW1/4 SE1/4; W1/2 NW1/4 SE1/4 less Springbrook Acres Subdivision and Less Lot H2; NW1/4 SW1/4 SE1/4 less Lot H2; S495 feet of NE1/4 SE1/4 less Lot 1; SE1/4 SE1/4; Lot 1, Bendert Subdivision; all located in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 4 and 5, Owen Hibbard Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located between Sheridan Lake Road and South Highway 16 and adjacent to Catron Boulevard.

 

Alcohol Licenses

 

68.              Leather Unlimited, Inc. DBA Someone’s In The Kitchen, 2210 Haines Ave. for a 2010 Retail (on-off sale) Wine License (Continued from December 21, 2009)

 

69.              TADY LLC DBA Sports Buzz, 2101 Mt. Rushmore Rd. for a Retail (on-off sale) Malt Beverage License WITH Video Lottery TRANSFER from MG Oil DBA Clock Tower Lounge, 2525 W Main

 

70.              First National Bank Rapid City, 510 9th Street for a Retail (on-sale) Liquor License TRANSFER from George Motor and Supply Company DBA Murphy’s Bar, 510 9th Street

 

71.              Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for an event scheduled February 18, 2010 at Print Mark-et, 404 St. Onge St.

 

72.              Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for an event scheduled March 9, 2010 at A&B Business, 1822 Kansas City St.

 

73.              Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for an event scheduled March 18, 2010 at Prairie Edge Trading Company and Galleries, 606 Main Street

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 74 – 80

 

74.              Public Hearing on Fish Garbage Services Inc.

 

75.              No. 09RZ055 – Second Reading, Ordinance 5571, 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 on Lot 19 of Melody Acres No. 2, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2807 Cactus Drive.

 

76.              No. 09RZ056 – Second Reading, Ordinance 5572, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Agriculture District on Lot D and Lot E of the SW1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of South Valley Drive and south of S.D. Highway 44.

 

77.              Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of a sidewalk along the north side of E. North Street and the north side of the service road and to install a sewer main along Century Road as they abut 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 at intersection of East North Street and North Cambell Street. (09SV026)

 

78.              No. 09SV026 - A request by Bob Brandt for Frontera Chicos, LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, water, reduce the pavement width from 26 feet to 20 feet and to reduce the right-of-way width from 59 feet to 26 feet and 24 feet respectively as per Chapter 16.16 of the Rapid City Municipal Code on Lots 2A, 2B and 2C 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.

 

79.              Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of a sidewalk along the north side of E. North Street and the north side of the service road and to install a sewer main along Century Road as they abut 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 at intersection of East North Street and North Cambell Street. (09SV027)

 

80.              No. 09SV027 - A request by Bob Brandt for a Variance to the Subdivision Regulations to waive the requirements to install sewer and sidewalk along East North Street, sewer along Century Road and sidewalk along a portion of Century Road as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Vista Ridge Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 4, a portion of Lot 3 and a portion of the unplatted 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.

 

BILLS

 

81.              No. CC011910-01 – Bill List for January 19, 2010

 

EXECUTIVE SESSION for the purposes permitted by SDCL 1-25-2

 

STAFF DIRECTION

 

82.              Resolution No. 2010-004

 

ADJOURN