AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
7:00 P.M., September 6, 2011
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
APPROVE MINUTES for the August 15, 2011 Regular Council Meeting and the August 16, 2011 and August 17, 2011 Special Council Meetings.
AWARDS AND RECOGNITIONS
102. No. CC090611-04.2 Library Card Sign Up Challenge
103b. No. CC090611-04.2 Rapid City Beautification Committee Yard of the Month for August and September
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 - 103
Public Comment opened Items 1 - 73
Public Comment closed
CONSENT ITEMS Items 1 - 72
Remove Items from the Consent Items and Vote on Remaining Consent Items
Vacations of Right-Of-Way Set for Hearing (October 3, 2011)
1. No. 11VR005 - A request by Gene Fennell for Pennington County for a Vacation of Right-of-Way for the alley right-of-way adjacent to Lots 13-16 and Lots 17-20 of Block 99 of the Original Townsite of the City of Rapid City, located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located in the alley right-of-way lying east of 2nd Street between Kansas City Street and Saint Joseph Street.
Alcoholic Beverage License Applications Set for Hearing (September 19, 2011)
Special Event
2. Rapid City Downtown Association DBA Rapid City Downtown Association for a Special Event Malt Beverage License for an event scheduled for September 24, 2011 on 7th Street between St. Joseph Street and Columbus Street.
3. Rapid City Public Library DBA Friends of the Rapid City Public Library for a Special Event Wine License for an event scheduled for October 20, 2011 at 610 Quincy Street
4. Destination Rapid City DBA Destination Rapid City for a Special Event Malt Beverage License for an event scheduled for October 1, 2011 at Main Street Square, 526 Main Street
5. Destination Rapid City DBA Destination Rapid City for a Special Event Wine and Malt Beverage License for an event scheduled for October 2, 2011 at Main Street Square, 526 Main Street
6. Destination Rapid City DBA Destination Rapid City for a Special Event Malt Beverage License for an event scheduled for October 7, 2011 at Main Street Square, 526 Main Street
7. Destination Rapid City DBA Destination Rapid City for a Special Event Wine and Malt Beverage License for an event scheduled for October 8, 2011 at Main Street Square, 526 Main Street
8. Destination Rapid City DBA Destination Rapid City for a Special Event Malt Beverage License for an event scheduled for October 15, 2011 at Main Street Square, 526 Main Street
Transfer
9. Bosselman Travel Centers, Inc. DBA Bosselman Travel Center, 2783 Deadwood Avenue for a Package (off sale) Malt Beverage & SD Farm Wine License TRANSER from Bosselman Inc of South Dakota DBA Bosselman Travel Center, 2783 Deadwood Avenue
10. Bosselman Travel Centers, Inc. DBA Bosselman Travel Center, 2783 Deadwood Avenue for a Retail (on-off sale) Malt Beverage License TRANSER from Bosselman Inc of South Dakota DBA Bosselman Travel Center, 2783 Deadwood Avenue
11. Colt 45 Entertainment, LLC DBA Divas-n-Rockstars Karaoke Nightclub, 826 Main Street for a Retain (on-sale) Liquor License TRANSFER from Tady LLC DBA Teddys Sports Grill, 826 Main Street
New
12. Pure Bliss LLC DBA A Perfect 10, 1109 W Omaha Street, Suite B for a Retail (on-off sale) Wine License
13. Pure Bliss LLC DBA A Perfect 10, 1109 W Omaha Street, Suite B for a Retail (on-off sale) Malt Beverage License
Public Works Committee Consent Items
14. No. PW080911-01 Deny request by Lazy P6 for Reimbursement of $656,250.00 for Drainage Improvements. (Continued from the August 9, 2011, Public Works Committee Meeting)
15. No. PW083011-02 Approve the Request for Mulch Lisa Clendenin, Working Against Violence Inc.
16. No. PW083011-03 Approve Change Order No. 2 to First Dakota Enterprises for Meadowbrook Golf Maintenance Building, Project No. PR10-1902 / CIP No. 50841, for an increase of $2,201.30.
17. No. PW083011-04 Approve Change Order No. 1F to Quinn Construction for Lime Creek Stabilization, Project No. MIP11-1956 / CIP 50885, for a decrease of $807.20.
18. No. PW083011-06 Approve Change Order No. 1 to RCS Construction for WRF Primary Digester Cover Replacement Project, Project No. WRF10-1883 / CIP No. 50790, for an increase of $9,560.00 and a time extension of 14 days.
19. No. PW083011-07 Approve Change Order No. 5 to SECO Construction for Main Street Square, Project No. PR10-1901 / CIP 50839, for an increase of $30,898.00.
20. No. PW083011-08 Authorize Staff to Advertise for Bids for the Rapid City Fire Station #4 Addition, Project No. FD11-1953 / CIP 50883. Estimated Cost: $190,000.00.
21. No. PW083011-09 Authorize Staff to Advertise for Bids for the Seger Drive and Dyess Avenue Sanitary Sewer Extension, Phase 1. Project No. SS11-1946 / CIP 50277.1-1. Estimated Cost: $510,000.
22. No. PW083011-10 Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid City and CETEC Engineering Services, Inc. for Professional Services for Mount Rushmore Road Utilities Reconstruction, Project No. SSW11-1926 / CIP No. 50840 in the amount of $176,949.50.
23. No. PW083011-11 Deny the Request for Authorization for the Mayor and Finance Officer to Sign a Professional Services Agreement with HDR Engineering, Inc. for the Solid Waste Rate Study, Project No. SW11-1940 / CIP No. 50862, in the amount of $99,366.00.
24. No. PW083011-12 Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid City and CETEC Engineering Services, Inc. for Professional Services for Kepps Reservoir Control Valve Station, Project No. W10-1845 / CIP No. 50784, in the amount of $58,790.00.
25. No. PW083011-13 Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid City and RESPEC for Professional Services for Perrine Drainage Outfall Elements 7 & 8, Project No. DR11-1963 / CIP No. 50836, in the amount of $24,000.00.
26. No. PW083011-14 Authorize Mayor and Finance Officer to Sign an Authorize Mayor and Finance Officer to Sign an Amendment to the Professional Services Agreement with Ferber Engineering, Inc. for Seger Drive / Dyess Avenue Sanitary Sewer Extension, Phase 1 - Project No. SS11-1946 / CIP No. 50277.1-1 and Phase 2 Project No. SS11-1947 / CIP No. 50277.1-2, in the amount of $305,095.00.
27. No. PW083011-23 Acknowledge Drainage Basin Improvement Costs report.
28. No. PW083011-15 Authorize Staff to Seek Proposals for Engineering Services for the Landfill Gas Utilization Study, Project No. LF11-1976. Estimated cost of project: $150,000.
29. No. PW083011-16 Authorize the Public Works Director to enter into agreements on behalf of the City with property owners wishing to connect to the sanitary sewer system constructed as a part of the Cliff Drive Sanitary Sewer Extension Project and the Heights Drive Sanitary Sewer Extension Project.
30. No. PW083011-18 Approve the South Dakota School of Mines and Technology Tripper Bus Route Proposal
31. No. PW083011-19 Authorize Staff to Purchase Dano Drum Trunnions in the amount of $32,604.00.
32. No. 11VE019 - Kormylo Subdivision Approve a request by Fisk Land Surveying & Consulting Engineers, Inc. for Herman Jones for a Vacation of a Major Drainage Easement for Lot B of Tract 2 of Kormylo Subdivision located in Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3936 Cambell Street.
33. No. 11VE020 - Chapel Valley Subdivision Approve a request by William L. Murner for a Vacation of Utility Easement for Lot A of Lot 13 of Block 1 of Chapel Valley Subdivision located in Section 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4604 Steamboat Circle.
34. No. 11FV006 - Black Hills Center Approve a request by FourFront Design, Inc. for Eagle Ridge II, LLP for a Fence Height Exception to allow an eight foot high fence in lieu of a six foot high fence in a Medium Density Residential Zoning District for Lot 2A of Block 1 of Black Hills Center located in Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 121 Stumer Drive.
35. No. PW083011-21 Authorize Mayor and Finance Officer to sign Permanent Utility Easement granted to Black Hills Power, Inc. for an area near the Post 320 Baseball Indoor Training and Storage Facility.
36. No. PW083011-22 Acknowledge Information item regarding Recreational Vehicle parking in Walmart parking lot(s) report.
37. No. PW083011-20 Approve Resolution No. 2011-106A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property.
Legal & Finance Committee Consent Items
38. Acknowledge update on scope and time frame of Downtown Presidential Plaza Project.
39. No. LF083111-02 Confirm appointment by Council leadership of Gary Brown, Ritchie Nordstrom, Bonny Petersen, and Dave Davis to the Presidential Plaza Review Sub-Committee for terms to expire December 31, 2012 with a public report to be provided to the City Council following each sub-committee meeting.
40. Approve extension for proof of financing for downtown Presidential Plaza Project to January 31, 2012.
41. No. LF083111-01 Approve request from MHL, LLC to authorize Mayor and Finance Officer to sign Petition to Vacate Public Right-of-Way or Section Line Highway.
42. No. LF083111-03 Confirm the reappointment of Jerry Steinley and the appointment of Donna Kliche to the Air Quality Board for terms to expire August 31, 2014.
43. No. LF083111-04 Confirm the appointment of Rick E. Askvig to the Parks and Recreation Advisory Board for a term to expire December 31, 2012.
44. No. LF083111-05 Confirm the appointment of Patrick Fink to the Rapid City Planning Commission to fill the unexpired term of Eric Christianson for a term to expire July 1, 2012.
45. No. LF072711-03 Acknowledge facts regarding the City public service signs, including how many signs there are, what they are, and how much revenue is generated from all forms of advertising.
46. No. LF083111-06 Acknowledge update from Compass Committee.
47. No. LF083111-07 Acknowledge Capital Improvement Program Committee monthly update for August 2011.
48. No. LF083111-08 Acknowledge Capital Plan for Street, Drainage and MIP Projects for August 2011.
49. No. LF083111-09 Approve Event Permit for Third Annual Great Downtown Pumpkin Festival on Saturday, September 24, 2011.
50. No. LF083111-10 Approve Event Permit for Ketel Thorstenson Blood Drive on September 26, 2011, from 12:30 p.m. to 6:00 p.m.
51. No. LF083111-11 Approve Event Permit from Rushmore Rollerz for roller derby on September 17, 2011, from 5:00 p.m. to 10:00 p.m.
52. No. LF083111-12 Approve Event Permit for Festival of Lights Parade on November 26, 2011 at 6:00 p.m.
53. No. LF083111-13 Acknowledge Historic Preservation Commission Design Guidelines outline.
54. No. LF083111-14 Authorize Mayor and Finance Officer to sign the State of South Dakota Agreement/Letter of Agreement with the South Dakota Department of Environment and Natural Resources.
55. No. LF083111-16 Approve Downtown BID assessment abatement.
56. No. LF083111-18 Acknowledge report on unencumbered cash and cash reserves.
57. No. LF081011-36 Approve Resolution No. 2011-111 Establishing a List of Persons from Whom to Select Freeholders to Appraise Surplus Properties.
58. No. LF083111-37 Acknowledge report on federal funds impact and to request the Finance Office notify the department heads to report to the Finance Office and the Mayor's Office when they become aware of future funding cuts and any contingency plan the departments may have in place for such cuts and to request that the Mayor's Office include this information in the weekly update.
59. No. LF083111-20 Approve Citizen of the Month Program.
60. No. LF083111-22 Approve Resolution No. 2011-108 to Rename and Amend the Waste and Fraud Hotline Use Policy.
61. No. LF083111-23 Authorize Mayor and Finance Officer to continue the relationship with MetLife to provide life insurance for City employees and dependents.
62. No. LF083111-24 Authorize Mayor and Finance Officer to sign Contract for Fiscal Year 2011 Community Development Block Grant Sub-recipient Teton Coalition, Inc.
63. No. LF083111-25 Authorize Mayor and Finance Officer to sign Contract for Fiscal Year 2011 Community Development Block Grant Sub-recipient HELP!Line Center-211.
64. No. LF083111-26 Authorize Mayor and Finance Officer to sign Contract for Fiscal Year 2011 Community Development Block Grant Sub-recipient Youth and Family Services, Inc.
65. No. LF083111-27 Authorize Mayor and Finance Officer to sign Contract for Fiscal Year 2011 Community Development Block Grant Sub-recipient Western Resources for Disabled Independence.
66. No. LF083111-28 Authorize Mayor and Finance Officer to sign Contract for Fiscal Year 2011 Community Development Block Grant Sub-recipient Salvation Army.
67. No. LF083111-29 Authorize Mayor and Finance Officer to sign Contract for Fiscal Year 2011 Community Development Block Grant Sub-recipient Working Against Violence, Inc.
68. No. LF083111-30 Approve Request for Proposals for aerial photograph.
69. No. LF083111-32 Petersen moved to authorize Mayor and Finance Officer to sign Covenant Agreement with C & H Plaza, LLC Contemplating a Shared Parking Agreement or Parking Easement.
70. No. LF083111-34 Approve Resolution No. 2011-110 Regarding Waiving and Limitation of Fees Related to Planning, Zoning, Construction, and Development of Real Estate.
71. No. LF083111-35 Acknowledge raffle request from Sons of Norway.
Growth Management Department Consent Items
72. No. 11AN001 Approve a request by Dream Design International, Inc. for a Petition for Annexation for a portion of the NW¼ of the SW¼ of Section 10, T1N, R8E, BHM, Pennington County, South Dakota more fully described as follows: Commencing at the Section ¼ Corner common to Sections 9 and 10, T1N, R8E, BHM, thence, S00°05'57W, along the section line common to said Sections 9 and 10, a distance of 169.01 feet, thence, S89°54'03E, a distance of 33.00 feet to a point on the easterly edge of Jolly Lane right-of-way, and the point of beginning; Thence, first course: S51°11'21E, a distance of 388.65 feet; Thence, second course: S38°48'39W, a distance of 190.00 feet, to a point on the northerly edge of E. Highway 44 right-of-way; Thence, third course: N51°11'21W, along the northerly edge of said E. Highway 44 right-of-way, a distance of 190.24 feet; Thence, fourth course: N30°37'50W, along the northerly edge of said E. Highway 44 right-of-way, a distance of 70.45 feet, to the easterly edge of said Jolly Lane right-of-way; Thence, fifth course: N00°05'57E, along the easterly edge of said Jolly Lane right-of-way, a distance of 211.79 feet, to a point the point of beginning, located at the northeast corner of Jolly Lane and East Highway 44.
END OF CONSENT CALENDAR
CONTINUED CONSENT ITEMS Item 73
Remove Items from the Continued Consent Items and Vote on Remaining Continued Consent Items
Continue the following items until September 19, 2011:
73. No. 11PL035 - A request by Renner & Associates, LLC for Bob Akers for a Preliminary Plat for proposed Lots 1 and 2 of Tract 5 Revised of Signal Heights Subdivision, legally described as Tract 5 Revised of Signal Heights Subdivision and a portion of vacated South Street located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of the intersection of East Boulevard and Kellogg Place.
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS Items 74 - 103
Public Comment opened Items 74 - 103
Public Comment closed
Ordinances
74. No. LF081011-06 Second Reading, Ordinance No. 5731, Supplemental Appropriation No. 6 for 2011.
75. No. LF081011-13A Second Reading, Ordinance No. 5733, An Ordinance to Allow the Rapid City Common Council to Review E-Mail Messages During City Council Meetings by Amending Section 2.04.120(B) of the Rapid City Municipal Code.
76. No. LF083111-17 First Reading, Ordinance No. 5739, FY2012 Appropriation Ordinance.
77. No. LF083111-31 First Reading, Ordinance No. 5740, An Ordinance Changing the Name of the Department of Growth Management to Department of Community Planning and Development Services by Amending Chapter 2.47 of the Rapid City Municipal Code.
78. No. 11OA002 First Reading, Ordinance No. 5741, An Ordinance Modifying the Procedure for Certain Amendments to the City's Comprehensive Plan by Amending Section 2.60.160 of the Rapid City Municipal Code.
79. No. 11OA003 First Reading, Ordinance No. 5742, An Ordinance Defining a Side Load Garage by Adding Section 17.04.631 to the Rapid City Municipal Code.
80. No. 11OA004 First Reading, Ordinance No. 5743, An Ordinance Reducing Front Yard Setbacks on Certain Street Classifications in the Low Density Residential District-1 by Amending Section 17.10.050 of the Rapid City Municipal Code.
81. No. 11OA005 First Reading, Ordinance No. 5744, An Ordinance Reducing Front Yard Setbacks on Certain Street Classifications in the Park Forest District by Amending Section 17.08.040 of the Rapid City Municipal Code.
82. No. 11OA006 First Reading, Ordinance No. 5745, An Ordinance Reducing Front Yard Setbacks on Certain Street Classifications in the Medium Density Residential District by Amending Section 17.12.050 of the Rapid City Municipal Code as amended.
83. No. 11OA007 First Reading, Ordinance No. 5746, An Ordinance Reducing Front Yard Setbacks on Certain Street Classifications in the High Density Residential District by Amending Section 17.14.040 of the Rapid City Municipal Code.
84. No. 11OA008 First Reading, Ordinance No. 5747, An Ordinance Reducing Front Yard Setbacks on Certain Street Classifications in the General Agricultural District by Amending Section 17.34.040 of the Rapid City Municipal Code.
85. No. 11OA009 First Reading, Ordinance No. 5748, An Ordinance Reducing Front Yard Setbacks on Certain Street Classifications in the Mobile Home Residential District by Amending Section 17.38.040 of the Rapid City Municipal Code.
86. No. 11OA010 First Reading, Ordinance No. 5749, An Ordinance Reducing Front Yard Setbacks on Certain Street Classifications in the Low Density Residential District-Two by Amending Section 17.44.050 of the Rapid City Municipal Code.
Growth Management Department Items
87. No. 08PL145 - A request by Sperlich Consulting, Inc. for Ronald Shape for a Preliminary Plat for proposed Lots 2 thru 13 of Block 7 and Lots 2 thru 12 of Block 8 of Homestead Subdivision, legally described as a portion of the SE1/4 of the NE1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern terminus of Homestead Street and north of Carl Avenue.
88. No. 10PL066 - A request by Renner & Associates, LLC for Skyline Pines East Land Co. for a Preliminary Plat for Tract 1, Lot 19, and dedicated Fairmont Boulevard Right-of-way of Skyline Pines East Subdivision, legally described as a portion of the N1/2 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current western terminus of Fairmont Boulevard west of Mt. Rushmore Road.
89. No. 11PL036 - A request by Dream Design International, Inc. for a Preliminary Plat for proposed Lot K of Race Track Subdivision, legally described as a portion of the NW1/4 of the SW1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at the northeast corner of Jolly Lane and East Highway 44.
90. No. 11PL040 - A request by Sperlich Consulting, Inc. for Century Resources, Inc. for a Preliminary Plat for proposed Lot 2R and Lot 3R-2 of Block 1 of Menard Subdivision, legally described as Lot 2 and Lot 3R of Block 1 of Menard Subdivision located in the NE1/4 of the SW1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on the south side of East Anamosa Street southeast of the intersection of East Anamosa Street and North Creek Drive.
91. No. 11PL041 - A request by Bryan Vulcan for Ian and Amanda Vidinha for a Preliminary Plat for proposed Lot 89 and Lot 4A of Block 1 of Canyon Springs Preserve, legally described as a portion of Common Area 1 of Block 1 of Canyon Springs Preserve and Lot 4 of Block 1 of Canyon Springs Preserve located in the NE1/4 SW1/4 of Section 23, T2N, R6E, BHM, Pennington County, South Dakota, located northwest of the intersection of Nemo Road and North Emerald Ridge Road.
Legal & Finance Committee Items
92. No. LF061511-02 Ad Hoc Sign Code Revision Task Force Committee recommendations.
93. No. LF083111-15 Authorization for the Mayor and Finance Officer to sign Sublease Agreement with Pennington County.
94. No. LF083111-21 Employee Severance Plan.
Public Works Committee Items
95. No. PW083011-01 East Saint Patrick Street Assessed Sidewalk Project Sidney Hansen
96. No. PW083011-17 Pedestrian Scramble at 6th Street and Main Street John Less, Traffic Engineer.
Bids
97. No. CC090611-02.1 - 2011 Out of the Dust Project, Project No. ST11-1968 / CIP No. 50297 (Opened on August 30, 2011)
98. No. CC091611-02.2 Hoefer Avenue Bridge Repairs Project No. St11-1964 / CIP 50752 (Opened on August 30, 2011)
99. No. CC060611-02-2 - Clarify the funding breakdown for the East Anamosa Street from North LaCrosse to Century Road, Project No. ST04-1397 / CIP 50316, State Project No. EM 1648(01) and P 1648(02) awarded to Upper Plains Contracting Inc. for a total combined bid amount of $7,193,593.65 on June 6, 2011. (City Utility Bid - $1,426,697.74 and State Grading Bid = $5,766,895.91)
100. No. CC062011-02-4 - Clarify the funding breakdown for the East North Street Reconstruction Pine Street to Cambell Street, Project No. ST08-1511 / CIP 50142, State Project No. BRO 8026(23) awarded to Heavy Constructors Inc. for a total combined bid amount of $5,837,016.24 on June 20, 2011. (City Utility Bid - $1,134,792.39 and State Grading Bid - $4,702,223.85)
Mayor's Items
101. No. CC090611-04.1 Canyon Lake Drive Status Report Dale Tech
102. No. CC090611-04.2 Library Card Sign Up Challenge (See Awards and Recognitions)
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
103. No. CC090611-03 Vision 2012 Update
103a. No. CC090611-04.3 Sales Tax Report
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS Items 104 - 128
Open Public Hearing (comment) -- Items 104 - 128 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS Items 104 - 106
Remove Items from the Continued Public Hearing Consent Items and Vote on Remaining Continued Public Hearing Consent Items
Continue the following items until September 19, 2011:
104. No. 10VR007 - A request by Fisk Land Surveying & Consulting Engineers for Marilou Yarber for a Vacation of Right-of-Way for a portion of the Van Buren Street Right-of-way lying adjacent to the S1/2 of Lot 8 and the S1/2 S1/2 of Lots 9-11 of Block 20, Scott's Addition, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 902 Silver Street.
105. No. 11VR003 - A request by Renner & Associates, LLC for Deluxe, LLC for a Vacation of Right-of-Way for a portion of N. Cherry Street right-of-way lying adjacent to Lot 1 of Block 16, a portion of Pine Street right-of-way lying adjacent to Lot 3 of Block 16, a portion of E. New York Street right-of-way and a portion of E. Chicago Street right-of-way lying adjacent to Lots 1-3 of Block 16 of Feigels Addition located in the SW1/4 of the SE1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 815 East New York Street.
106. No. 11VR004 - A request by Gene Fennell for Pennington County for a Vacation of Right-of-Way for the alley right-of-way adjacent to Lots 1-12 and Lots 21-32 of Block 99 of the Original Townsite of the City of Rapid City, located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located in the alley right-of-way lying west of 1st Street between Kansas City Street and Saint Joseph Street.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 104 - 128
CONSENT PUBLIC HEARING ITEMS Item 107 - 117
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Growth Management Items
107. No. 11CA008 Approve a request by Sperlich Consulting, Inc. for Century Resources, Inc. for a Comprehensive Plan Amendment to change the land use designation from General Commercial to Light Industrial for Lot 3R of Block 1 of Menard Subdivision located in the NE1/4 of the SW1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on the south side of East Anamosa Street southeast of the intersection of East Anamosa Street and North Creek Drive.
108. No. 11CA009 Approve a request by Dream Design International, Inc. for a Comprehensive Plan Amendment to change the land use designation from General Commercial with a Planned Commercial Development to Low Density Residential with a Planned Residential Development for Lots 1 through 6 of Block 2 of Stoney Creek South Subdivision located in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on the west side of Bendt Drive, south of Catron Boulevard and east of Sheridan Lake Road.
109. No. 11SV013 Approve a request by Bryan Vulcan for Ian and Amanda Vidinha for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer, including dry sewer, and to reduce the pavement width along Nemo Road from 36 feet to 24 feet and to waive the requirement to install sewer, including dry sewer, sidewalk and street light conduit along Ivory Birch Place as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lot 89 and Lot 4A of Block 1 of Canyon Springs Preserve, legally described as a portion of Common Area 1 of Block 1 of Canyon Springs Preserve and Lot 4 of Block 1 of Canyon Springs Preserve located in the NE1/4 SW1/4 of Section 23, T2N, R6E, BHM, Pennington County, South Dakota, located northwest of the intersection of Nemo Road and North Emerald Ridge Road.
110. No. 11CA005 Approve A request by the City of Rapid City for an Amendment to the Comprehensive Plan to adopt the Rapid City Area Future Land Use Plan for Sections 1 through 3, inclusive, Sections 10 through 15, inclusive, and Sections 22 through 27, inclusive, located in T1S, R6E, Sections 1 through 30, inclusive, located in T1S, R7E, Sections 1 through 19, inclusive, Section 30, and portions of Sections 20 and 29, located in T1S, R8E, Sections 1 through 18, inclusive, located in T1S, R9E, Sections 1 through 3, inclusive, Sections 10 through 15, inclusive, Sections 22 through 27, inclusive, and Sections 34 through 36, inclusive, located in T1N, R6E, all of T1N, R7E, all of T1N, R8E, all of T1N, R9E, Sections 1 through 15, inclusive, Sections 22 through 27, inclusive, and Sections 34 through 36, inclusive, located in T2N, R6E, all of T2N, R7E, all of T2N, R8E, Sections 4 through 36, inclusive, located in T2N, R9E, portions of Sections 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, and 12, and Sections 13 through 36, inclusive, located in T3N, R6E, portions of Sections 1, 7, 8, 9, 10, 11, and 12, and Sections 13 through 36, inclusive, located in T3N, R7E, portions of Sections 3, 4, 5, 6, 9, 10, 11, and 12, and Sections 7, 8, and 13 through 36, inclusive, located in T3N, R8E, Sections 16 through 21, inclusive, and Sections 28 through 33, inclusive, located in T3N, R9E, a portion of Section 31, located in T4N, R8E, all located in BHM, South Dakota.
Alcohol Licenses
111. Destination Rapid City DBA Destination Rapid City, 526 Main Street for a Retail (on-off sale) Wine License
112. Destination Rapid City DBA Destination Rapid City, 526 Main Street for a Retail (on-off sale) Malt Beverage License
113. Wobbly Bobby British Pub LLC DBA Wobbly Bobby British Pub, 510 Main Street, Suite 200 for a Retail (on-off sale) Wine License
114. Wobbly Bobby British Pub LLC DBA Wobbly Bobby British Pub, 510 Main Street, Suite 200 for a Retail (on-off sale) Malt Beverage License
115. Trevor Van Heel and Shelly D White DBA Tablerock Grill, 5412 S Hwy 16 for a Retail (on-off sale) Malt Beverage License
116. Trevor Van Heel and Shelly D White DBA Tablerock Grill, 5412 S Hwy 16 for a Retail (on-off sale) Wine License
117. Destination Rapid City DBA Destination Rapid City for a Special Event Malt Beverage License for an Outdoor Event held on September 17, 2011 on the E 1/2 of ROW between Fifth Street and Sixth Street on Kansas City Street, 5:00 p.m. to 10:00 p.m.
Assessment Rolls
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Items 118 - 128
118. Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the southern 400 feet of Faimont Boulevard as they abut the unplatted portion of the N1/2 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at west of Mt. Rushmore Road and north of Tower Road at the western terminus of Cathedral Drive. (10SV008)
119. No. 10SV008 - A request by Renner & Associates, LLC for Skyline Pines, East, LLLP for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along a portion of Fairmont Boulevard as per Chapter 16.16 of the Rapid City Municipal Code for Tract 1 of Lot 19 and the dedicated Fairmont Boulevard Right-of-way of the Skyline Pines East Subdivision, legally described as the unplatted portion of the N1/2 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Mt. Rushmore Road and North of Tower Road at the western terminus of Cathedral Drive.
120. Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of pavement, curb, gutter, street light conduit, sewer and sidewalk along the west side of Jolly Lane as they abut a portion of the NW1/4 of the SW1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at the eastern terminus of Homestead Street and north of Carl Avenue. (11SV011 and 11SV012)
121. No. 11SV011 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and sewer along Jolly Lane as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lot K of Race Track Subdivision a portion of the NW1/4 of the SW1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at the northeast corner of Jolly Lane and East Highway 44.
122. No. 11SV012 - A request by Dream Design International for a Variance to the Subdivision Regulations to waive the requirement to provide additional pavement on Jolly Lane as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lot K of Race Track Subdivision, a portion of the NW1/4 of the SW1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at the northeast corner of Jolly Lane and East Highway 44.
123. No. 11RZ011 - Second Reading, Ordinance 5734, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Sperlich Consulting, Inc. for Century Resources, Inc. for a Rezoning from General Commercial District to Light Industrial District for a portion of Lot 3R of Block 1 of Menard Subdivision, located in the NE1/4 of the SW1/4, Section 32, T2N, R8E, B.H.M., Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the southeasterly corner of Lot 2 of Block 1 of Menard Subdivision, common with the northeasterly corner of Lot 3R of Block 1 of Menard Subdivision, and common to a point on the westerly edge of the dedicated right-of-way of East Anamosa Street; Thence, S44°48'01E, along the northeasterly boundary of said Lot 3R of Block 1 of Menard Subdivision, common to the westerly edge of said dedicated right-of-way of East Anamosa Street, a distance of 25.00 feet, to a point on the northeasterly boundary of said Lot 3R of Block 1 of Menard Subdivision, common to a point on the westerly edge of said dedicated right-of-way of East Anamosa Street, and the Point of Beginning; Thence, first course: S44°48'01E, along the northeasterly boundary of said Lot 3R of Block 1 of Menard Subdivision, common to the westerly edge of said dedicated right-of-way of East Anamosa Street, a distance of 157.22 feet, to a point on the northeasterly boundary of said Lot 3R of Block 1 of Menard Subdivision, common to a point on the westerly edge of said dedicated right-of-way of East Anamosa Street; Thence, second course: S45°11'32W, a distance of 330.05 feet, to a point on the southwesterly boundary of said Lot 3R of Block 1 of Menard Subdivision, common to a point on the easterly boundary of a portion of the NE1/4 of the SW1/4 of Section 32, T2N, R8E, B.H.M.; Thence, third course: N44°47'38W, along the southwesterly boundary of said Lot 3R of Block 1 of Menard Subdivision, common to the easterly boundary of a portion of said NE1/4 of the SW1/4 of Section 32, T2N, R8E, B.H.M., a distance of 157.38 feet, to a point on the southwesterly boundary of said Lot 3R of Block 1 of Menard Subdivision, common to a point on the easterly boundary of a portion of the said NE1/4 of the SW1/4 of Section 32, T2N, R8E, B.H.M.; Thence, fourth course: N45°13'14E, a distance of 330.03 feet, to a point on the northeasterly boundary of said Lot 3R of Block 1 of Menard Subdivision, common to a point on the westerly edge of said dedicated right-of-way of East Anamosa Street, and the Point of Beginning, located on the south side of East Anamosa Street southeast of the intersection of East Anamosa Street and North Creek Drive.
124. No. 11RZ012 - Second Reading, Ordinance 5735, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Sperlich Consulting, Inc. for Century Resources, Inc. for a Rezoning from General Agriculture District to Light Industrial District for a portion of Lot 3R of Block 1 of Menard Subdivision, located in the NE1/4 of the SW1/4 of Section 32, T2N, R8E, B.H.M., Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the southeasterly corner of Lot 3R of Block 1 of Menard Subdivision, common to the northeasterly corner of Lot 5 of Block 1 of Menard Subdivision, and common to a point on the westerly edge of the right-of-way of East Anamosa Street, and the Point of Beginning; Thence, first course: S45°11'32W, along the southerly boundary of said Lot 3R of Block 1 of Menard Subdivision, common to the northwesterly boundary of said Lot 5 of Block 1 of Menard Subdivision, a distance of 329.02 feet, to the southwesterly corner of said Lot 3R of Block 1 of Menard Subdivision, common to a point on the northwesterly boundary of said Lot 5 of Block 1 of Menard Subdivision, and common to a point on the easterly boundary of a portion of the NE1/4 of the SW1/4 of Section 32, T2N, R8E, B.H.M.; Thence, second course: N44°47'38W, along the southwesterly boundary of said Lot 3R of Block 1 of Menard Subdivision, common to the easterly boundary of a portion of the said NE1/4 of the SW1/4 of Section 32, T2N, R8E, B.H.M., a distance of 50.00 feet, to a point on the southwesterly boundary of said Lot 3R of Block 1 of Menard Subdivision, common to a point on the easterly boundary of a portion of the said NE1/4 of the SW1/4 of Section 32, T2N, R8E, B.H.M.; Thence, third course: N45°11'32E, a distance of 330.05 feet, to a point on the easterly boundary of said Lot 3R of Block 1 of Menard Subdivision, common to a point on the westerly edge of said right-of-way of East Anamosa Street; Thence, fourth course: S44°48'01E, along the easterly boundary of said Lot 3R of Block 1 of Menard Subdivision, common to the westerly edge of said right-of-way of East Anamosa Street, a distance of 10.12 feet, to a point of curvature on the easterly boundary of said Lot 3R of Block 1 of Menard Subdivision, common to a point on the westerly edge of said right-of-way of East Anamosa Street; Thence, fifth course: southeasterly, along the easterly boundary of said Lot 3R of Block 1 of Menard Subdivision, common to the westerly edge of said right-of-way of East Anamosa Street, curving to the right on a curve with a radius of 800.00 feet, a delta angle of 02°51'26, an arc length of 39.90 feet, a chord bearing of S43°18'25E, and a chord distance of 39.89 feet, to the southeasterly corner of Lot 3R of Block 1 of Menard Subdivision, common to the northeasterly corner of Lot 5 of Block 1 of Menard Subdivision, and common to a point on the westerly edge of the right-of-way of East Anamosa Street, and the Point of Beginning, located on the south side of East Anamosa Street southeast of the intersection of East Anamosa Street and North Creek Drive.
125. No. 11RZ013 - Second Reading, Ordinance 5736, 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 Low Density Residential District for a portion of the NE1/4 of the NE1/4, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the northwesterly corner of Lot 1, Block 12 of Red Rock Meadows Subdivision, and the point of beginning; Thence, first course: N00°19'29W, a distance of 99.01 feet; Thence, second course: N00°18'28W, a distance of 90.00 feet; Thence, third course: N89°41'32E, a distance of 165.00 feet, to a point on the section line common to Sections 28 & 29, T1N, R7E, BHM; Thence, fourth course: S00°18'28E, along the section line common to said Sections 28 & 29, a distance of 189.93 feet; Thence, fifth course: N89°58'06W, a distance of 26.00 feet, to the northeasterly corner of said Lot 1, Block 12; Thence, sixth course: N89°58'06W, along the northerly boundary of said Lot 1, Block 12, a distance of 138.97 feet, to the said point of beginning, located at the current northern terminus of Dunsmore Road.
126. No. 11RZ014 - Second Reading, Ordinance 5737, 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 Commercial District to Low Density Residential District for a portion of Lots 1-6 of Block 2 of Stoney Creek South Subdivision located in the W1/2 of the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the northwesterly corner of Lot 6, Block 2 of Stoney Creek South Subdivision, common to the southwesterly corner of Lot 7, Block 2 of Stoney Creek South Subdivision, common to a point on the easterly boundary of Lot 1, Block 1 of Stoney Creek South Subdivision, and the point of beginning; Thence, first course: N89°21'43E, along the northerly boundary of said Lot 6, common to the southerly boundary of said Lot 7, a distance of 69.46 feet; Thence, second course: S01°22'01W, a distance of 436.45 feet; Thence, third course: S88°37'59E, a distance of 50.14 feet; Thence, fourth course: S01°22'01W, a distance of 272.12 feet, to a point on the southerly boundary of Lot 1, Block 2, Stoney Creek South Subdivision, common to a point on the northerly boundary of Outlot D of Stoney Creek South Subdivision; Thence, fifth course: N71°39'46W, along the southerly boundary of said Lot 1, Block 2, common to the northerly boundary of said Outlot D, a distance of 83.66 feet, to the southwesterly corner of said Lot 1, Block 2; Thence, sixth course: N16°14'30E, along the westerly boundary of said Lot 1, Block 2, common to the northerly boundary of said Outlot D, a distance of 101.85 feet, to the northwesterly corner of said Lot 1, Block 2, common to the southwesterly corner of Lot 2, Block 2 of Stoney Creek South Subdivision; Thence, seventh course: N02°05'29W, along the westerly boundary of said Lot 2, Block 2, common to the northerly boundary of said Outlot D, a distance of 105.39 feet, to the northwesterly corner of said Lot 2, Block 2, common to a point on the southerly boundary of Lot 3, Block 2 of Stoney Creek South Subdivision; Thence, eighth course: S87°54'31W, along the southerly boundary of said Lot 3, Block 2, common to the northerly boundary of said Outlot D, a distance of 42.58 feet, to the southwesterly corner of said Lot 3, Block 2; Thence, ninth course: N00°38'17W, along the westerly boundary of Block 2 of Stoney Creek South Subdivision, common to the easterly boundary of Block 1 of Stoney Creek South Subdivision, a distance of 480.95 feet, to the point of beginning, located on the west side of Bendt Drive, south of Catron Boulevard and east of Sheridan Lake Road.
127. No. 11RZ015 - Second Reading, Ordinance 5738, 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 Low Density Residential District for a portion of Lots 1-2 of Block 2 of Stoney Creek South Subdivision located in the W1/2 of the SW1/4 of Section 22, T1N, R7E, BHM Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the southeasterly corner of Lot 1, Block 2 of Stoney Creek South Subdivision, common to the northeasterly corner of Outlot D of Stoney Creek South Subdivision, common to a point on the westerly edge of Bendt Drive right-of-way, and the point of beginning; Thence, first course: N71°39'46W, along the southerly boundary of said Lot 1, common to the northerly boundary of said Outlot D, a distance of 56.04 feet; Thence, second course: N01°22'01E, a distance of 131.18 feet; Thence, third course: S88°37'59E, a distance of 54.43 feet, to a point on the easterly boundary of Lot 2, Block 2 of Stoney Creek South Subdivision, common to a point on the westerly edge of said Bendt Drive right-of-way; Thence, fourth course: southwesterly, along the easterly boundary of Block 2of Stoney Creek South Subdivision, common to the westerly edge of said Bendt Drive right-of-way, curving to the right, on a curve with a radius of 274.00 feet, a delta angle of 12°12'30, a length of 58.38 feet, a chord bearing of S02°39'01W, and chord distance of 58.27 feet; Thence, fifth course: southwesterly, along the easterly boundary of said Block 2, common to the westerly edge of said Bendt Drive right-of-way, curving to the left, on a curve with a radius of 326.00 feet, a delta angle of 13°23'48, a length of 76.22 feet, a chord bearing of S02°03'22W, and chord distance of 76.05 feet; Thence, sixth course: S04°38'33E, along the easterly boundary of said Block 2, common to the westerly edge of said Bendt Drive right-of-way, a distance of 13.31 feet, to the point of beginning, located on the west side of Bendt Drive, south of Catron Boulevard and east of Sheridan Lake Road.
128. No. 11UR014 Appeal of the Planning Commission's Decision on a request by Kennedy Design Group, Inc. for Steve Wynia and Damon Reel for a Conditional Use Permit to allow an On-Sale Liquor Establishment for Lots 1, 2, 3 and 4 of Block 26 of South Boulevard Addition located in Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 703 and 705 Indiana Street. (Continued from the August 1, 2011 Council meeting)
BILLS
129. No. CC090611-01 Bill List for September 6, 2011.
EXECUTIVE SESSION for the purposes permitted by SDCL 1-25-2
STAFF DIRECTION
ADJOURN