AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
7:00 P.M., November 7, 2011
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
APPROVE MINUTES for the regular Council meeting of October 17, 2011
AWARDS AND RECOGNITIONS
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 - 86
Public Comment opened Items 1 - 71
Public Comment closed
CONSENT ITEMS Items 1 - 69
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 (November 21, 2011)
1. Fresh Start Convenience Stores Inc DBA Ranch Mart, 520 Birch Ave for a Package (off-sale) Liquor License (PL-4529)
Public Works Committee Consent Items
2. No. PW110111-02 Confirm the Appointment of Dave Davis, Chairman; John Roberts, Vice Chairman; Jeff Partridge; Mike Hickey; Pat Vidal; Jenna McNabb; Cody Champion; with John Wagner, Lon VanDeusen, and Rod Johnson Acting as Staff Support to the Recreation Facility Water Task Force.
3. No. PW110111-03 Confirm the appointment of Sandra Beshara to the Rapid City Planning Commission as an Alternate.
4. No. PW110111-31 Confirm the appointment of Erik Braun to the Infrastructure Development Partnership Committee as a Planning Commission Representative.
5. No. PW110111-32 Confirm the appointment of Erik Braun to the Tax Increment Financing Committee as a Planning Commission Representative.
6. No. PW110111-33 Confirm the appointment of John Brewer to the .16 Utility Fund Oversight Committee as a Planning Commission Representative.
7. No. PW110111-34 Confirm the appointment of Len Weimer to the Development Appeals and Review Board as a Planning Commission Representative.
8. No. PW092711-03 Accept Green-Sustainable Cities list of priorities and change the wording on 8B by removing the word subsidies and replacing it with assistance. (Referred from the October 17, 2011, City Council Meeting)
9. No. PW110111-04 Acknowledge the September 2011 Water Production Report.
10. No. PW110111-36 Acknowledge the September 2011 Water Reclamation Report.
11. No. PW110111-25 Request the Mayor to authorize staff to meet with the property owners and come back with a recommendation at the December 15, 2011, Public Works Committee Meeting regarding the Condition of Metering Dam Country Club Drive.
12. No. PW110111-05 Approve Change Order No. 1F to RCS Construction for Corral Drive and Sheridan Lake Road Water Main, Project No. W10-1882 / CIP No. 50816, for an increase of $21,076.06.
13. No. PW110111-06 Approve Change Order No. 2F to J & J Asphalt for Pavement Rehab #4 Meadowbrook Drive, Parkridge Drive, Morningview Drive, Project No. ST11-1913 / CIP No. 50844, for an increase of $20,650.84.
14. No. PW110111-07 Approve Change Order No. 1F to Dakota Barricade for 2011 Permanent Pavement Parking Project, Project No. PM11-1935 / CIP No. 50593, for an increase of $377.00.
15. No. PW110111-08 Approve Change Order No. 1F to Dakota Barricade for 2011 Roadway Lane Line Painting Project, Project No. PM11-1934 / CIP No. 50594, for a decrease of $4,628.74.
16. No. PW110111-09 Approve Change Order No. 1F to Mainline Contracting for Adams Street and North Street Sanitary Sewer Reconstruction, Project No. SS10-1884 / CIP No. 50197, for a decrease of $28,999.43.
17. No. PW110111-10 Approve Change Order No. 1 to Dean Kurtz Construction Co. for Kepps Reservoir Control Valve Station, Project No. W10-1845 / CIP No. 50784, for an increase of $4,295.00.
18. No. PW110111-12 Approve Change Order No. 6F to SECO Construction Inc. for Main Street Square Site Development, Project No. PR10-1901 / CIP No. 50839, for an increase of $12,885.00.
19. No. PW110111-13 Approve Change Order No. 1 to Stanley J. Johnsen Concrete Contractor for Anamosa Street Reconstruction Haines Avenue to Midway Avenue, Project No. SSW07-1472 / CIP No. 50519, for a decrease of $10,534.65.
20. No. PW110111-14 Authorize Staff to Advertise for Bids for Liquid Road Deicer. Estimated Cost: $32,000.00.
21. No. PW110111-15 Authorize Staff to Advertise for Bids for Ice Sanding Material. Estimated Cost: $100,000.00.
22. No. PW110111-16 Authorize Staff to Advertise for Bids for Water Reclamation Facility Pretreatment Improvements-Construction and Installation Project; Project No. WRF11-1928 / CIP No. 50855. Estimated Cost $1,385,000.00.
23. No. PW110111-17 Authorize Staff to Advertise for Bids for Street Light Maintenance Contract, Project No. 11-1982 / CIP No. 50633. Estimated Cost: $50,000.00.
24. No. PW110111-18 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and CETEC Engineering Services, Inc. for Professional Services for East St. Joseph Street Overlay and Watermain Reconstruction, Project No. 11-1908 / CIP No. 50801, in the amount of $94,962.00.
25. No. PW110111-19 Authorize Mayor and Finance Officer to Sign Amendment No. 2 to the Professional Services Agreement with FMG, Inc. for the Dakota Drive Watermain Reconstruction, Project No. W10-1894 / CIP No. 50399, in the amount of $18,170.00.
26. No. PW110111-20 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to the Agreement with American Engineering Testing, Inc. for Main Street Square, Project No. PR10-1901 / CIP No. 50839, in the amount of $1,365.25.
27. No. PW110111-21 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and RESPEC Consulting and Services for Professional Services for Enchantment Road and Cale Court Categorical Exclusion, Project No. 11-1977 / CIP No. 50882, in the amount of $1,725.00.
28. No. PW110111-22 Authorize Mayor and Finance Officer to Sign Amendment No. 4 to the Professional Services Agreement with FMG Inc. for the Jackson Boulevard Utilities Project, Project No. SSW09-1509 / CIP No. 50351, in the amount of $35,760.00.
29. No. PW110111-23 Authorize Mayor and Finance Officer to Sign Amendment No. 2 to the Professional Services Agreement with Kadrmas, Lee & Jackson, Inc. for the East Anamosa Street Extension from La Crosse Street to Century Road, Project No. ST04-1397 / CIP No. 50316, in the amount of $229,139.86.
30. No. PW110111-37 Authorize Mayor and Finance Officer to Sign the Consent to Cross U.S. Government Easement for Use by the City of Rapid City to Cross a Waterline Easement for the Mall Drive Utilities Improvements, Project No. ST08-1753 / CIP No. 50646, Consent to Cross Number USAF-ACC-FXBM-9-12-669.
31. No. 11VE017 - McMahon Subdivision Approve a request by Renner & Associates, LLC for M&P Developments for a Vacation of Minor Drainage and Utility Easement for Lot A of Tract E-3R of McMahon Subdivision located in Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located on the south side of Kathryn Avenue approximately 220 feet west of the intersection of Kathryn Avenue and Haines Avenue. (Continued from the October 11, 2011, Public Works Committee Meeting)
32. No. PW110111-24 Acknowledge the following volunteers for purposes of workman's compensation insurance coverage: Kimberly Raaphorst, Steve Harrington, Christine Harrington, Barb Doshier, Steve Doshier, Lynn Leonyel, Crystal Meyer, Kadin Cochran, Celeste Bohling, Brianna Bohling, Noah Bohling, Anneke Oegeme, Jon Simpson, Davina Petermann, Emma Petermann, Natalie Reeves, Brent Reeves, Lyle Harris, Carol Harris, Zach Ericks, Chaise Ericks, Axel Harter, Vince Graves.
33. No. PW110111-29 Approve Change Order No. 3, Mt. View and Mt. Calvary Cemeteries Irrigation System Phase 3, Project No. PR09-6010, Second Nature, for a Decrease of $2,835.60.
Legal & Finance Committee Consent Items
34. Acknowledge report from President Craig Bailey regarding Western Dakota Tech Campus Update and Future Plans.
35. Acknowledge concerns from Catherine Novotny regarding substandard housing.
36. No. LF110211-02 Acknowledge presentation on proposed President's Plaza Project.
37. No. LF110211-03 Authorize Mayor and Finance Officer to sign Second Addendum to the Master Development Agreement with President's Plaza L.L.C. with an amendment in Section 2, Obligations of St. Joe, sub-paragraph H from 15% to 25%.
38. No. LF110211-05 Acknowledge raffle request from Western Dakota Technology Auto Club.
39. No. LF110211-06 Acknowledge raffle request from Western Dakota Tech Lions Club.
40. No. LF110211-08 Acknowledge raffle request from Western Dakota Vo Tech CAD Club.
41. No. LF110211-07 Acknowledge raffle request from Pennington County Teen Court.
42. No. LF110211-09 Confirm appointment of Gary Brown, Steve Laurenti, Karen Bulman, Bill Kessloff, and Bill Waugh to the Three Mile Limit Representation Task Force for Terms to Expire July 1, 2012.
43. No. LF110211-10 Confirm appointment of Tim Standing Soldier to the Human Relations Commission to fill the unexpired term of Barry Hjort (term to expire July 1, 2013).
44. No. LF110211-11 Confirm appointment of Troy Kilpatrick to the RSVP Advisory Board.
45. No. LF110211-12 Acknowledge Capital Improvement Program Committee monthly update for October, 2011.
46. No. LF110211-13 Acknowledge Capital Plan for Street, Drainage and MIP Projects for October 2011.
47. No. LF110211-14 Approve $33,640 from CIP Contingency for the Fire Station #4 Sprinkler System project.
48. No. LF110211-15 Approve $70,000 from CIP Contingency for the Minneluzahan Heating/HVAC request.
49. No. LF110211-16 Approve transfer of $22,000 from Parks & Recreation CIP Contingency to the POS Software Upgrades and VOIP Telephone Conversion projects for Parks and Recreation.
50. No. LF110211-17 Authorize staff to go out for RFP's for Pennington County Sheriff's Office and Rapid City Police Department Public Safety Software.
51. No. LF110211-18 Approve Event Permit for Jefferson Academy Blood Drive to be held on Thursday, November 3, 2011.
52. No. LF110211-19 Approve Event Permit for National American University Blood Drive to be held on Wednesday, November 9, 2011.
53. No. LF110211-34 - Authorize staff to apply for Wild Land Urban Interface Roof Replacement grant.
54. No. LF110211-21 Acknowledge update on RFP's status moving forward.
55. No. LF110211-22 Acknowledge lien release regarding Black Hills Excavating Services, Inc.
56. No. LF110211-23 Approve Resolution No. 2011-144 Declaring Miscellaneous Personal Property Surplus.
57. No. LF110211-25 Approve Resolution No. 2011-143A Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property.
58. No. LF110211-26 Acknowledge Department of Legislative Audit Acceptance Letter for the City's 2010 Audit noting an unqualified audit.
59. Authorize staff to go out for RFP on surplus auction services.
60. No. LF110211-27 Authorize Mayor and Finance Officer to sign Partial Release and Discharge Regarding Agreement with Walgar.
61. Acknowledge the following volunteers for worker's compensation purposes: Jay Benusis, Alicia Sutliff-Benusis, Jenny Friedman, Angela Curry, and Cody Johnson.
62. No. LF110211-28 Approve appointment of the 2013 Citizen Advisory Committee.
63. No. LF083111-21 Approve including all appointed positions in the City's Employee Severance Plan.
64. No. LF110211-29 Approve Resolution No. 2011-138 Establishing a Citizen of the Month Program.
65. No. LF110211-30 Authorize Mayor and Finance Officer to sign The Plan Amendment on Calendar Year Out-of-Pocket to the City of Rapid City Medical and Dental Plan.
66. No. LF110211-31 Authorize the Mayor and Finance Officer to sign The Plan Amendment on Utilization Review to the City of Rapid City Medical and Dental Plan.
67. No. LF110211-32 Approve Subsidy Committee recommendation to amend the FY 2011 CDBG Annual Action Plan to reallocate $87,783.73 of Community Development Block Grant (CDBG) Funds.
68. No. LF110211-33 Preliminarily approve proposed FY 2012 CDBG funding allocations.
Community Planning & Development Services Department Consent Items
69. No. 11PL049 Acknowledge applicants withdrawal request by Renner & Associates, LLC for GCC Dacotah, Inc. for a Preliminary Plat for proposed Tract 1 of GCC Subdivision, legally described as a portion of the SW1/4 of the NW1/4 and a portion of the NW1/4 of the SW1/4 located in Section 28, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of Sturgis Road and St. Martins Drive.
END OF CONSENT CALENDAR
CONTINUED CONSENT ITEMS Items 70 - 71
Remove Items from the Continued Consent Items and Vote on Remaining Continued Consent Items
Continue the following items until November 21, 2011:
70. 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 Addition, legally described as Tract 5 Revised of Signal Heights Addition 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.
71. No. 11PL051 - A request by Renner & Associates, LLC for Hog Wild, Inc. for a Preliminary Plat for proposed Tracts 1-3 of Harley-Davidson Subdivision, legally described as Lots 1-3 of R&L Subdivision and a portion of the SW1/4 of Section 22 and a portion of the N1/2 of Section 27 located in T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of the intersection of Tatanka Road and Harley Drive.
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS Items 72 - 86
Public Comment opened Items 72 - 86
Public Comment closed
Ordinances
Community Planning & Development Services Department Items
72. No. 11PL054 - A request by Britton Engineering and Land Surveying, Inc. for John Roberts Trust for a Layout Plat for proposed Lot 1 and Lot 2 of John Roberts Subdivision, legally described as Tract A of NW1/4 of the NE1/4 located in Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of East Saint Patrick Street and Cherry Avenue.
73. No. 11PL055 - A request by Dream Design International, Inc. for a Preliminary Plat for proposed Lot 1 of Block 8 of Elks Crossing, legally described as a portion of the SW1/4 located in Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the east corner of the intersection of Marlin Drive and East Minnesota Street.
Legal & Finance Committee Items
74. No. LF110211-04 Authorize Mayor and Finance Officer to sign Contract for Construction of Public Improvements through Private Developer Tax Increment District Number Sixty-Two between President's Plaza, L.L.C. and the City of Rapid City, South Dakota.
75. No. LF061511-02 Ad Hoc Sign Code Revision Task Force Committee Recommendation No. 10, Section A Explanation.
Public Works Committee Items
76. No. PW110111-01 Request by Rubloff Rapid City, LLC to Convert an On-Premise Sign to an Off-Premise Sign as per Section 15.28.050(Q) of the Rapid City Municipal Code for the Sign Located at 925 Disk Drive, Legally Described as Proposed Lot A of Lot 1R and Lot B of Lot 1R of Five Star Subdivision located in NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota.
77. No. PW110111-11 Approve Change Order No. 1F to Hills Materials Company for Kepps Water Main Extension, Project No. W10-1702 / CIP No. 50625, for an increase of $13,421.21.
Bids
78. No. CC110711-02.1 Water Reclamation Facility (WRF) Pretreatment Improvements Washer/Compactor Procurement Project No. WRF11-1928 / CIP No. 50855 (Opened on October 25, 2011)
79. No. CC110711-02.2 WRF Pretreating Improvements Screen Equipment Procurement Project No. WRF11-1928 / CIP No. 50855 (Opened on November 1, 2011)
80. No. CC110711-02.3 2011 Manhole Adjustment Project No. ST11-1970 / CIP 50846 (Opened on November 1, 2011)
81. No. CC110711.02-4 Fire Station #4 Sprinkler System Quote
Alcoholic Beverage License Applications for Reissuance
Mayor's Items
82. No. CC110711-04.1 Vision 2020 Update Virginia Nelson
Council Items & Liaison Reports
Reconsideration Notices
83. No. LF101211-08 - Charge Council with the responsibility to study all available options, to hold public forums in all Wards for the purpose of receiving public input and to present the most favorable option in resolution format with a tentative agreement from the Chamber of Commerce and the Rapid City Journal to spearhead an initiated measure for placement on the June 2012 general election ballot (reconsidered from the October 17, 2011 Council meeting)
84. No. LF101211-09 - Charge Council with the responsibility to study all available options, to hold public forums in all Wards for the purpose of receiving public input and to present the most favorable option in resolution format with a tentative agreement from the Chamber of Commerce and the Rapid City Journal to spearhead an initiated measure for placement on the June 2012 general election ballot (reconsidered from the October 17, 2011 Council meeting)
85. Executive Session - Reject the settlement offer dated October 6, 2011 in the Rupert vs City of Rapid City as discussed in Executive Session. (reconsidered from the October 17, 2011 Council meeting)
Motion for Delivery of Items from Committee
Staff Items
86. No. CC110711-03 Vision 2012 Update
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS Items 87 - 103
Open Public Hearing (comment) -- Items 83 - 103 [Public Hearing Remains Open]
CONTINUED PUBLIC HEARING CONSENT ITEMS Items 87 - 90
Remove Items from the Continued Public Hearing Consent Items and Vote on Remaining Continued Public Hearing Consent Items
Continue the following items until November 21, 2011:
87. No. 11SV018 - A request by Renner & Associates, LLC for Hog Wild, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb and gutter, pavement, sidewalk, sewer, water and street light conduit on Tatanka Road and to waive the requirement to install sidewalk, sewer, water and street light conduit for Harley Road and to waive the requirement to install sewer and water on Interstate 90 as per Chapter 16.16 of the Rapid City Municipal Code for proposed Tracts 1-3 of Harley-Davidson Subdivision, legally described as Lots 1-3 of R&L Subdivision and a portion of the SW1/4 of Section 22 and a portion of the N1/2 of Section 27 located in T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of the intersection of Tatanka Road and Harley Drive.
88. No. 11SV019 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to allow platting of half of a right-of-way and to waive the requirement for curb, gutter, sidewalk and street light conduit along the west side of the minor arterial street as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 1-133 of Teton Heights Subdivision, legally described as NE1/4 NW1/4 of Section 19, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Country Road between West Nike Road and 143rd Avenue.
89. No. 11SV020 - A request by Renner & Associates, LLC for Bob Akers for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along First Street and to waive the requirement to install additional pavement, street light conduit, sewer and water along East Boulevard as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 1 and 2 of Tract 5 Revised of Signal Heights Addition, legally described as Tract 5 Revised of Signal Heights Addition 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.
90. 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.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 87 - 103
CONSENT PUBLIC HEARING ITEMS Item 91 - 97
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning & Development Services Department Items
91. No. 11AN002 - A request by Bruce A. Nerison for a Petition for Annexation for W1/2W1/2SE1/4SW1/4 less the North 8/10ths of the W1/2W1/2SE1/4SW1/4 also recorded as the W1/4SE1/4SW1/4 less the North 8/10ths of the W1/4SE1/4SW1/4 located in Section 20, T2N, R8E, BHM, Pennington County, South Dakota, located at 1700 Seger Drive.
92. No. 11CA011 - A request by Dan Ferber for William C. Gikling for an Amendment to the Comprehensive Plan to change the land use designation from General Commercial to Light Industrial for Lot 1A of Starlite Subdivision located in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of Dyess Avenue and Eglin Street.
93. No. 11CA012 - A request by Kevin Willan for an Amendment to the Comprehensive Plan to change the land use designation from Low Density Residential to General Commercial for Lots 11 and 12 of Block 6 of Rapid Valley Subdivision located in Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Pecan Lane and East Saint Francis Street.
94. No. 11CA013 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the land use designation from Residential to Commercial for a portion of Lot 4 of Block 3 of Stoney Creek South Subdivision Located in the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at a point on the southerly boundary of Lot 4, Block 3 of Stoney Creek South Subdivision, common to the northeasterly corner of Lot 3, Block 3 of Stoney Creek South Subdivision; Thence, first course: N19°11'19E, a distance of 116.69 feet, to a point on the northerly boundary of said Lot 4, common to a point on the southerly boundary of Lot 5, Block 3 of Stoney Creek South Subdivision; Thence, second course: S70°48'41E, along the northerly boundary of said Lot 4, common to the southerly boundary of said Lot 5, a distance of 180.16 feet, common to a corner on the northerly boundary of said Lot 4, common to the southeasterly corner of said Lot 5; Thence, third course: N25°51'53E, along the northerly boundary of said Lot 4, common to the easterly boundary of said Lot 5, a distance of 193.96 feet, to the northeasterly corner of said Lot 5, common to a corner on the northerly boundary of said Lot 4, common to a point on the southerly edge of Catron Boulevard right-of-way; Thence, fourth course: S63°36'24E, along the northerly boundary of said Lot 4, common to the southerly edge of said Catron Boulevard right-of-way, a distance of 183.28 feet; Thence fifth course: S26°23'36W, a distance of 338.51 feet, to a point on the southerly edge of said Lot 4; Thence, sixth course: N62°34'47W, along the southerly boundary of said Lot 4, a distance of 345.65 feet, to the point of beginning, located southeast of the intersection of Catron Boulevard and Bendt Drive.
95. No. 11CA014 - A request by City of Rapid City for an Amendment to the Comprehensive Plan to amend 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.
96. No. 11SV016 - Acknowledge applicants withdrawal of request by Renner & Associates, LLC for GCC Dacotah, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install water and sewer along S.D. Highway 79 and to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer and to dedicate right-of-way for the east-west collector street as per Chapter 16.16 of the Rapid City Municipal Code for proposed Tract 1 of GCC Subdivision, legally described as a portion of the SW1/4 of the NW1/4 and a portion of the NW1/4 of the SW1/4 located in Section 28, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of Sturgis Road and St. Martins Drive.
Alcohol Licenses
Assessment Rolls
97. No. LF110211-24 Resolution No. 2011-116B Levying Assessment for Cleanup of Miscellaneous Property.
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Items 98 - 103
98. No. 11RZ022 Second Reading, Ordinance 5769, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from General Agriculture District to General Commercial District for a portion of Lot 4 of Block 3 of Stoney Creek South Subdivision Located in the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northeasterly corner of Lot 4, Block 3 of Stoney Creek South Subdivision, and the point of beginning; Thence, first course: S26°23'14W, along the easterly boundary of said Lot 4, common to the westerly edge of Nugget Gulch Road right-of-way, a distance of 296.95 feet; Thence, second course: N00°06'46W, a distance of 331.83 feet, to a point on the northerly boundary of said Lot 4, common to a point on the southerly edge of Catron Boulevard right-of-way; Thence, third course: S63°36'24E, along the northerly boundary of said Lot 4, common to the southerly edge of said Catron Boulevard right-of-way, a distance of 148.06 feet, to the point of beginning, located southeast of the intersection of Catron Boulevard and Bendt Drive.
99. No. 11RZ023 Second Reading, Ordinance 5770, 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 Low Density Residential District to General Commercial District for a portion of Lot 4 of Block 3 of Stoney Creek South Subdivision located in 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 4, Block 3 of Stoney Creek South Subdivision, and the point of beginning; Thence, first course: N62°34'47W, along the southerly boundary of said Lot 4, a distance of 600.53 feet, to the northeasterly corner of Lot 3, Block 3 of Stoney Creek South Subdivision; Thence, second course: N19°11'19E, a distance of 116.69 feet, to a point on the northerly boundary of said Lot 4, common to a point on the southerly boundary of Lot 5, Block 3 of Stoney Creek South Subdivision; Thence, third course: S70°48'41E, along the northerly boundary of said Lot 4, common to the southerly boundary of said Lot 5, a distance of 180.16 feet, common to a corner on the northerly boundary of said Lot 4, common to the southeasterly corner of said Lot5; Thence, fourth course: N25°51'53E, along the northerly boundary of said Lot 4, common to the easterly boundary of said Lot 5, a distance of 193.96 feet, to the northeasterly corner of said Lot 5, common to a corner on the northerly boundary of said Lot 4, common to a point on the southerly edge of Catron Boulevard right-of-way; Thence, fifth course: S63°36'24E, along the northerly boundary of said Lot 4, common to the southerly edge of said Catron Boulevard right-of-way, a distance of 290.02 feet; Thence sixth course: S00°06'46E, a distance of 331.83 feet, to a point on the easterly edge of said Lot 4, common to a point on the westerly edge of Nugget Gulch Road right-of-way; Thence, seventh course: S26°23'14W, along the easterly boundary of said Lot 4, common to the westerly edge of said Nugget Gulch Road, a distance of 46.12 feet, to the point of beginning, located southeast of the intersection of Catron Boulevard and Bendt Drive.
100. No. 11RZ024 Second Reading, Ordinance 5771, 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 Office Commercial District to General Commercial District for a portion of Lot 4 of Block 3 of Stoney Creek South Subdivision Located in the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the southwesterly corner of Lot 4, Block 3 of Stoney Creek South Subdivision, common to the northwesterly corner of Lot 3 of Block 3 of Stoney Creek South Subdivision, common to a point on the easterly edge of Bendt Drive right-of-way, and the point of beginning; Thence, first course: N01°34'53E, along the westerly boundary of said Lot 4, common to the easterly edge of said Bendt Drive right-of-way, a distance of 40.08 feet; Thence, second course: along the westerly boundary of said Lot 4, common to the easterly edge of said Bendt Drive right-of-way, curving to the right, on a curve with a radius of 174.00 feet, a delta angle of 40°47'10, a length of 123.86 feet, a chord bearing of N21°58'28E, and chord distance of 121.26 feet, to the northwesterly corner of said Lot 4, common to the southwesterly corner of Lot 5, Block 3of Stoney Creek South Subdivision; Thence, third course: S70°48'41E, along the northerly boundary of said Lot 4, common to the southerly boundary of said Lot 5, a distance of 124.48 feet; Thence, fourth course: S19°11'19W, a distance of 116.69 feet, to the northeasterly corner of said Lot 3, common to a point on the southerly boundary of said Lot 4; Thence, fifth course: S89°21'43W, along the southerly boundary of said Lot 4, common to the northerly boundary of said Lot 3, a distance of 125.70 feet, to the point of beginning, located southeast of the intersection of Catron Boulevard and Bendt Drive.
101. 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 66 foot wide unnamed right-of-way as they abut Tract 2 of Tract A of the SW1/4 less well lot and right-of-way located in Section 7, T1S, R7E, BHM, Pennington County, South Dakota, located at 23648 Strato Rim Drive. (11SV017)
102. No. 11SV017 - A request by Fisk Land Surveying & Consulting Engineers for Larry Patterson for a Variance to the Subdivision Regulations to reduce the access easement width(s) from 49 feet to 30 feet and 40 feet, respectively, to allow a 12' wide gravel surface in lieu of a 24' wide paved surface and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer for the existing and proposed access easements and to waive the requirement to improve the unnamed 66' wide right-of-way with curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 1 and 2 of Strato Rim Estates II, legally described as Tract 2 of Tract A of the SW1/4 less well lot and right-of-way located in Section 7, T1S, R7E, BHM, Pennington County, South Dakota, located at 23648 Strato Rim Drive.
103. No. 11VR007 - A request by Chamberlin Architects for MHL, LLC for a Vacation of Right-of-Way for the alley right-of-way adjacent to Lots 1-9 and 24-32 of Block 75 of the Original Townsite of the City of Rapid City, located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to 502, 508, 510 and 512 Main Street.
BILLS
104. No. CC110711-01 Bill List for November 7, 2011
EXECUTIVE SESSION for the purposes permitted by SDCL 1-25-2
STAFF DIRECTION
ADJOURN