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AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota

January 7, 2002

MINUTES – Approve the minutes of December 17 and December 27, 2001

BID OPENINGS

1.         2002 Police Vehicle Contract for Full Size “Police Package” Sedans (Opened on January 4, 2002)

2.         Three (3) New 2002 ADA Accessible Raised Floor Paratransit Vehicles (Opened at 2:00)

MAYOR’S ITEMS

3.         No. CC122701-09 - Memorandum from Mayor Munson Vetoing the Council’s action taken on December 17, 2001 approving the expenditure for a parking pad at 2402 Fifth Street (Continued from December 27, 2001)

ALDERPERSON ITEMS/LIAISON REPORTS

 SPECIAL ITEMS AND ITEMS FROM VISITORS

 ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

4.         Wal-Mart Stores, Inc. dba Wal-Mart Supercenter No. 1604, 1200 N. LaCrosse Street, for an Off-Sale Malt Beverage License (New License)

5.         Moyle Petroleum Company dba North Street Smoke Shop, 634 E. North Street, for an Off-Sale Liquor License (New License – No Video Lottery)

6.         Wyngard Pot-O-Gold Casino, Inc. dba Jackson Boulevard Casino, 2020 Jackson Boulevard, Suite 3, for an On-Off Sale Malt Beverage License Transfer (from 530 Cambell Street)

Set for Hearing (January 21, 2002)

7.         Century Resources, Inc. dba Howard Johnson Express Inn & Suites, 950 North Street, for an On-Sale Liquor License Transfer (previously inactive)

8.         Kelly’s Sports Lounge, Inc. dba Kelly’s Sports Lounge, 825 Jackson Boulevard, for an On-Off Sale Malt Beverage License Transfer (from Gold Rush Casino)

CONSENT CALENDAR ITEMS

The following items were placed on the Consent Calendar for final action to be taken on all items by a single vote. Any item may be removed from the Consent Calendar by the Mayor, a Council person, or a citizen, for separate consideration.

Set for Hearing (January 21, 2002)

9.         No. 01PD062 - A request by Wyss Associates for Web Real Estate Holdings Company LLC for a Planned Development Designation on property described by metes and bounds beginning from a point 1795.13 feet at a bearing S89º39'0"E from the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, travel 431.35 feet at a bearing N22º2'42"W, Then travel 310.56 feet along a 230' LHF curve with a chord bearing N16º38'12" E, Then travel 161.93 feet at a bearing N55º19'17"E, Then travel 227.59 feet at a bearing S34º35'20"E,Then travel 300.07 feet at a bearing S45ºW, Then travel 305.00 feet at a bearing S34º36'5"E,Then travel 165.44 feet at a bearing S45ºW, Then travel 26.8 feet at a bearing N89º39'0"W, to the point of start, located west of the western terminus of Fairmont Boulevard and north of Tower Road.

10.       No. 01PD063 - A request by Lyle Henricksen for a Initial and Final Development Plan - Planned Residential Development on Tract A and Tract B, Fountain View Subdivision, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on Harmony Heights Lane.

11.       No. 01PD064 - A request by Bryan K. Gonzales for Pride Neon, Inc. for a Major Amendment to a Planned Commercial Development to revise the sign package on Lot 2 Revised of Blocks 14-15, South Boulevard Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 640 Flormann Street.

11.       No. 01PD065 - A request by Fisk Land Surveying for Dakota Land Development for a Initial and Final Development Plan - Planned Residential Development on Lot 1 of Lot F-1 of Fish Hatchery Subdivision and the north 545.31 feet of Lot F-1 of Fish Hatchery Subdivision, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 through 7 of Vista Lake Subdivision, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on Jackson Boulevard/Highway 44 west north of the Fish Hatchery.

12.       No. 01UR057 - A request by Pennington County for a Use On Review to allow a detention work release facility in the Public Zoning District on Lots 1-21, Block 18, North Rapid Addition, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota,  located at 703 Adams Street.

13.       No. 01UR058 - A request by Cornerstone Rescue Mission for a Use On Review to allow the outdoor sales and storage of firewood in the General Commercial Zoning District on Lot 15-16 and vacated east 10 feet of 1st Street Adjacent to Lot 16, Block 80, Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 400 1st Street.

14.       No. 01UR059 - A request by Lyle Henriksen for a Major Amendment to a Use On Review to expand a group home in the Medium Density Residential District on Lots 1, 2, 3, 4 and 5 of Block 11, Bradsky Subdivision, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1205 East Saint James.

15.       No. 01UR060 - A request by Dream Design International for a Use On Review to allow a utility substation in the Low Density Residential District on NE1/4 SW1/4 Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Prestwick Road north of Countryside Subdivision.

Public Works Committee Items

16.       No. PW010202-01 - Approve Change Order No. 01F for DR00-961, Arrowhead Drainage Channel Improvements Project, Morris Construction Company for an increase of $2,842.54.

17.       No. PW010202-02 – Approve Change Order No. 02F for SSW00-970 & PR01-1024, Jackson Blvd. Sanitary Sewer Reconstruction and Water Construction Project to Hills Materials Company for a decrease of $596.53.

18.       No. PW010202-03 – Approve Change Order No. 01 for PR01-1001, Little League Ballfields Lighting Project to Muth Electric, Inc. for an increase of $1,156.00.

19.       No. PW010202-05 – Approve Change Order No. 02F for SS01-1059, West Rapid Street Alley Sanitary Sewer Reconstruction Project to Hills Materials Company for an increase of $1,301.12.

20.       No. PW010202-06 – Approve Change Order No. 01F for TS01-1117, Transit Shelter Installation Project to R P & H, Inc. for an increase of $55.00.

21.       No. PW010202-07- Approve Change Order No. 02 for WRF01-1034A, Water Reclamation Facility – Equipment Procurement – Primary Sludge Pumps to Waterworks Industries. Inc. for an increase of $17,430.

22.       No. PW010202-08 – Approve Change Order No. 01 for WRF01-1034B, Water Reclamation Facility – Equipment Procurement – Air Handling Equipment to Blackhawk Equipment Corporation for an increase of $16,637.

23.       No. PW010202-09 – Approve Change Order No. 1 for WRF01-1035, Water Reclamation Facility – Equipment Installation to MAC Construction Company for a decrease of $41,510.00.

24.       No. PW010202-10 – Approve Change Order No. 01(F) for WRF01-1152, Water Reclamation Facility – Security Fence Installation to The Fence Connection, Inc. for a decrease of $1,745.84.

25.       No. PW010202-11 – Approve Change Order No. 02(F) for PR00-969, Sioux Park Phase 3 Improvements Project to RCS Construction for an increase of $25,835.79.

26.       No. PW010202-12 – Approve Change Order No. 01 for IDP01-1094, Rapid City Public Library Improvements Project to Jim Scull Construction for a decrease of $1,881.72.

27.       No. PW010202-13 - Authorize staff to advertise for bids for One (1) New Current Model Year Backhoe for Cemetery.

28.       No. PW010202-14 - Authorize staff to advertise for bids for One (1) New Current Model Year Utility Vehicle for Cemetery.

29.       No. PW010202-15 - Authorize staff to advertise for bids for One (1) New Current Model Year Diesel Powered 60” Outfront Mower with 4 Wheel Drive for Cemetery.

30.       No. PW010202-16 - Authorize staff to advertise for bids for One (1) New Current Model Year High Capacity Mower for Parks Division.

31.       No. PW010202-17 - Authorize staff to advertise for bids for One (1) New Current Model Year Skid-Steer Loader for Parks Division.

32.       No. PW010202-18 - Authorize the Mayor and Finance Officer to sign Professional Service Agreement with The Alliance of Architects & Engineers to Prepare ST02-1185, Rapid City GPS Densification Surveys for an amount not to exceed $25,650.

33.       No. PW010202-19 – Approve the request by Pat Hall for an exception to Street Design Criteria Manual for an access driveway directly onto Flormann Street.

34.      Authorize staff to advertise Request For Proposals for W02-1184, Red Rock Reservoir (design of 2-3 million gallon reservoir).

35.      Approve request of Gale Thompson for an additional curb cut at 1012 East Oakland Street, with the condition that a miscellaneous document be filed at the Register of Deeds Office noting that if the existing garage is converted to living space, the existing curb cut will be removed.

Legal & Finance Committee Items

36.       No. LF010202-01 - Authorize Mayor and Finance Officer to Sign Agreement for Independent Contractor Services with Dr. Jack Gaines.

37.       No. LF010202-02 - Authorize Mayor and Finance Officer to Sign Agreement for Independent Contractor Services with Dr. Robert Looyenga.

38.       No. LF010202-04 - Authorize Purchase of 2002 Dodge Durango for Air Quality Program from State Bid in the Amount of $23,411.

39.       No. LF010202-05 - Direct staff to proceed with annexation of the original plan of annexation for the South Valley Drive study area and take all of the property as one large piece.

40.       No. LF010202-06 - Direct staff to proceed with the involuntary annexation of the area north of Deadwood Avenue.

41.       No. LF010202-09 – Approve the following FY2002 CDBG Program: Big Brothers/Big Sisters $3,000; Black Hills Legal Services $20,000; CASA Program $10,000; Rural America Initiative Mentoring Program $5,000; The Salvation Army $20,000; Senior Companions of SD $2,500; Working Against Violence, Inc. $7,000; Youth & Family Services – Counseling $10,000; Cornerstone Rescue Mission $100,000; Working Against Violence, Inc. (new facility) $100,000; Affordable Housing $120,000; BH Area Habitat for Humanity $30,000; Owner Occupied Home Rehabilitation $100,000; RC Community Development Department $119,622; Contingency Funds $33,305.

42.       No. LF010202-10 - Approve Resolution of Governing Body Establishing Authorized Representatives for the South Dakota Federal Property Agency.

43.       No. LF010202-11 - Approve Resolution Declaring Property Surplus.

44.       Leave the traffic light located at the Fifth Street/Meade Street Intersection in its current location.

45.       Reject the proposals for candy, video games, and hot drink vending in Roosevelt Park Ice Arena and to authorize staff to advertise for new proposals and to work with the Finance Office to make sure that the second go-around as far as letting the bids is done appropriately according to the ordinances and the statutes.

46.       Direct staff to modify the panhandling ordinance.

47.       Approve the Following Licenses:  Electrical Contractor:  Barry's Electric Service, Inc., Barry Tolsma; Master Electrician:  Barry Tolsma; Journeyman Electrician:  Shawn Shannon, Jesse Shine; Electrical Apprentice:  Nick Jarnecke, Jay Noteboom, Justin Rantapaa, Lee Steenberg; Pawn Shop:  Pawn-Derosa-Pawn, Carol Allison; Plumber:  Rick DeHaven; Plumbing Apprentice:  Wayne A. Riley; Second Hand:  Big K Furniture, Kenneth D. Sheffield; Furniture Mart, Susan R. Sorbel; Game Exchange, Jacaline K. Sales; Sound Bytes Music, Thomas Anderson; Security Business:  Peace Keeper Security, Inc., Ryan R. Schuler; Taxi Business:  Rapid Taxi, Inc., Bryan V. Leui.

48.       No. LF010202-20R - Approve Assignment of License to Maintain Parking Lot on Municipally-Owned Park Land between Canyon Lake LLC and Derby Advertising, Inc.

49.       No. LF010202-15 - Approve Appointment of Greg McDonald, Judy Tobin, and John Skulborstad to the RSVP Advisory Council.

50.       No. LF010202-16 - Approve Appointment of Duane Sudman to the Air Quality Board.

51.       No. LF010202-17 - Approve Appointment of Steve Doshier, Craig Grotenhouse, Larry Stoner, and Jacqueline Allen to the Mayor's Beautification Committee.

52.       No. LF010202-18 - Approve Travel Request for Mayor, Tom Johnson, Bill Waugh, Ron Kroeger, Mel Dreyer, and Ray Hadley to Attend National League of Cities Congressional City Conference in Washington, D.C. from March 8-12, 2002, in the Amount of $13,544.

Raffle

53.       No. CC010702-01 - Notification from South Dakota Tech Hardrock Club of intent to conduct an annual fundraising on Super Bowl Sunday.

End of Consent Calendar

PLANNING DEPARTMENT CONSENT ITEMS

54.       No. 00PL127 - A request by Dream Design, Inc. for Doyle Estes for a Preliminary & Final Plat on Tract B of Neff's Subdivision No. 4 located in the unplatted portion of the S1/2 NW1/4 SW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Race Track Road and Elk Vale Road.

55.       No. 01PL054 - A request by Dream Design, Inc. for Big Sky LLC for a Final Plat on Lots 1 and 2 of Block 13; Lots 2-5 of Block 14, and Dedicated Streets, Big Sky Subdivision, located in the SE1/4 NW1/4 and NE1/4 NW/14 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota; excepting Lot 1 on Block 13 and Lot 1 in Block 14 of Big Sky Subdivision and Dedicated Public Rights of Way (Big Sky Drive and DeGeest Street), as shown on the plat filed in Plat Book 29, Page 154, located at the northern terminus of DeGeest Street.

56.       No. 01PL083 - A request by Fisk Land Surveying for Justin Lena for a Preliminary and Final Plat on Lot 5-Revised and Lot 6-Revised of Block 7 of the NW1/4 NE1/4 of Section 9, T1N, R7E, BHM (aka Schamber Addition), Rapid City, Pennington County, South Dakota and dedicated ROW formerly all of Lots 5 and 6 of Block 7 of the NW1/4 NE1/4 of Section 9, T1N, R7E, BHM (aka Schamber Addition) Rapid City, Pennington County, South Dakota, located a 3610 and 3614 Cottonwood Street.

57.       No. 01PL084 - A request by Richard O. Stahl for a Preliminary and Final Plat on Lots 1-5 of Stahl Victorian Addition (formerly Tracts J, K, L, M and N of Lot 6 of Block 19, Boulevard Addition) of the N1/2 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of West Street and South Street.

58.       No. 01PL089 - A request by Dream Design International for a Preliminary and Final Plat on Lots 7-9, Block 4; Lots 13-23, Block 6, Lot 6, Block 7; Lots 1-11, Block 8; Lots 1-2, Block 9 of Big Sky Subdivision and dedicated South Pitch Drive, Aurora Drive, Carl Avenue and major drainage easements located in NE1/4SE1/4 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located at the current northern terminus of South Pitch Drive.

59.       No. 01PL097 - A request by Dream Design International for a Preliminary and Final Plat on Tract A and dedicated streets, Big Sky Subdivision - Phase VII located in the SE1/4 NW1/4 and the NE1/4 NW1/4 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota; excepting Lot 1, Block 13 and Lot 1, Block 14 of Big Sky Subdivision and dedicated public rights of way (Big Sky Drive and Degeest Street), as shown on the plat filed in Plat Book 29, Page 154, also excepting Lots 1 and 2, Block 13 and Lots 2, 3, 4 and 5, Block 14 and dedicated public rights of way (Degeest St., Buddy Ct. and Homestead Ave.), located at the intersection of Degeest Street and Homestead Avenue.

60.       No. 01PL116 - A request by Doug Sperlich for James Letner for a Preliminary and Final Plat on Lot 2R and Lot 3 of Debra Subdivision, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current northern terminus of Debra Drive.

61.       No. 01PL118 - A request by Dream Design International for a Preliminary and Final Plat on Lots 5-11, Block 6, Red Rock Estates - Phase 3A, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Sheridan Lake Road - Red Rock Estates Subdivision.

END OF PLANNING CONSENT CALENDAR

PLANNING DEPARTMENT - HEARINGS

62.       No. 01PD047 - A request by Richard O. Stahl for a Planned Residential Development - Final Development Plan on Lots 1-5 of Stahl Victorian Addition (formerly Tracts J, K, L, M and N of Lot 6 of Block 19, Boulevard Addition) of the N1/2 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of West Street and South Street.

63.       No. 01PD060 - A request by Dream Design International for a Initial and Final Development Plan - Planned Residential Development on a parcel of land located in SW1/4 NE1/4 of Section 29, T1N, R7E, BHM, City of Rapid City, Pennington County, South Dakota, being more particularly described as follows: Beginning at the Northeast Corner of Lot 1, Block 2 of Red Rock Estates as recorded with the Pennington County Register of Deeds in Book 29, Page 202; thence N14º58'00"W, 33.49 feet to a point of curvature; thence northerly along the arc of said curve to the left whose radius is 374.00 feet and whose delta angle is 12º33'13", an arc length of 81.94 feet to a point on said curve; thence N37º19'06"W, 30.86 feet to a point lying on a curve concave to the southwest and whose chord bears N47º10'58"W, 190.88 feet; thence continuing along the arc of said curve to the left whose radius is 370.00 feet and whose delta angle is 29º53'46", an arc length of 193.06 feet to a point of tangency; thence N62º07'51"W, 20.88 feet; thence N27º52'09"W, 68.00 feet; thence N46º00'20"E, 149.55 feet; thence N37º03'21"W, 122.32 feet; thence N67º14'10"E, 122.78 feet; thence S68º07'14"E, 142.96 feet; thence S21º41'30"E, 132.93 feet; thence S22º57'06"W, 132.93 feet; thence S57º27'46"W, 126.29 feet; thence S23º47'31"E, 174.70 feet to the Northeast Corner of Lot 4A, Block 6 of Red Rock Estates as recorded with the Pennington County Register of Deeds in Book 30, Page 14; thence S75º02'00"W, along the north line of said Lot 4A a distance of 160.00 feet to the Northwest Corner of said Lot 4A: thence S75º02'00"W, 42.00 feet to the Point of Beginning containing 3.840 acres, more or less, located west of Sheridan Lake Road - Red Rock Estates Subdivision.

64.       No. 01SV031 - A request by Alliance of Architects for American West Communities for a Variance to the Subdivision Regulations to waive the requirement for curb and gutter, dry sewer, street conduit and to allow sidewalk on one side of the street on S1/2 of the NE1/4 and the SE1/4 except Bradeen Subdivision of Section 22 and NE1/4 Section 27, T1N, R8E, BHM, Pennington County, South Dakota, located at the intersection of Reservoir Road and South Side Drive.

65.       No. 01UR032 - A request by Dream Design International, Inc. for a Use On Review to allow a utility substation in the Low Density Residential Zoning District on the NW1/4 NE1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of the current northern terminus of Muirfield Drive.

66.       No. 01UR050 - A request by FMG Engineering for Northwestern Engineering for a Major Amendment to a Use On Review to allow for the expansion of a mobile home park in the Medium Density Residential District on Lots 1 and 2 of Meadowlark Hills Subdivision and unplatted land located in SE1/4 of the NE1/4 all located in Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota,  located north of East North Street, east of LaCrosse Street.

67.       No. 01UR055 - A request by Remodel King for Daniel M. Tackett for a Use On Review to allow a private residential garage in excess of 1000 square feet on the unplatted part of the NW1/4 SE1/4 NW1/4 of Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3751 Skyline Drive.

ORDINANCES & RESOLUTIONS

68.       No. CC120301-03R - Second Reading, Ordinance 3767, entitled An Ordinance Amending Chapter 12.20 of the Rapid City Municipal Code by Adding Thereto New Sections 12.20.200, 12.20.210, 12.20.220, 12.20.230, 12.20.240, 12.20.250 and 12.20.260 To Allow for Permits Allowing Encroachment Into Right-of-Way

69.       No. LF121201-12 – Second Reading, Ordinance 3768 entitled An Ordinance Rescinding Chapter 2.04.040 of the Rapid City Municipal Code Pertaining to Mandatory Retirement at the Age of Seventy.

70.       No. LF121201-13 - Second Reading, Ordinance 3769 entitled An Ordinance Repealing Section 2.80.060 of Chapter 2.80 of the Rapid City Municipal Code Pertaining to the Public Arts Committee.

71.       No. 01OA015 - Second Reading, Ordinance 3771, entitled An Ordinance Amending Section 17.54.030 of Chapter 17.54 of the Rapid City Municipal Code Pertaining to the Procedures for Authorizing Conditional Use Permits.

72.       No. 01OA024 - Second Reading, Ordinance 3772 entitled An Ordinance Amending Section 17.18.020 of Chapter 17.18 of the Rapid City Municipal Code by Adding a New Subsection 30 "Indoor Used or Second-Hand Merchandise Sales Provided that Merchandise that is for Sale, Stored, or Displayed Cannot be Located Outside" as a Permitted Use in the General Commercial Zoning District.

73.       No. LF121201-18R - Second Reading, Ordinance 3773 entitled An Ordinance Amending Sections 17.16.020(17); 17.18.020(12); 17.18.030(29); 17.22.020; 17.22.030(J); 17.24.020B(2); 17.24.030(C); and Adding Section 17.50.380 to Chapter 17.50 of the Rapid City Municipal Code Regarding Off-Premise Signs as Uses on Review.

74.       No. LF010202-03 - First Reading, Ordinance 3774 entitled An Ordinance Amending Section 8.38.040 of Chapter 8.38 of the Rapid City Municipal Code Pertaining to Construction Permits and Compliance Plans.

75.       No. LF010202-12 - First Reading, Ordinance 3775 entitled An Ordinance Amending Section 15.32.110 of Chapter 15 of Section 32 of the Rapid City Municipal Code Pertaining to a Permit Fee in Floodplain Development.

76.       No. 01RZ070 – First Reading, Ordinance 3776, a request by Pennington County for a Rezoning from Medium Density Residential District to Public District on Lots 1-21, Block 18, North Rapid Addition, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 703 Adams Street.

LEGAL & FINANCE COMMITTEE ITEMS

 PUBLIC WORKS COMMITTEE ITEMS

77.       No. PW010202-04 – Approve Change Order No. 01F for SSD00-1022, Deadwood Avenue Erosion Control Project, Morris Construction Company for an increase of $22,357.62.

78.       Request for sewer holding tank agreement for Skyline Pines Development Company.

79.       No. CC010702-02 - Proposed Changes to the Golf Course Rates and length of season

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