AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
7:00 P.M., June 20, 2011
ROLL CALL AND DETERMINATION OF QUORUM
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
48a East North Street Reconstruction Pine Street to Cambell Street
48b Special council meeting Set for July 5, 2011 @ 6:45 p.m.
48c Discussion on executive session
70a Big Brothers Big Sisters Raffle request Approved
APPROVE MINUTES for the regular meeting of June 6, 2011 and the special meeting of June 9, 2011.
AWARDS AND RECOGNITIONS
1. Veteran of the Month
2. Employee Awards
GENERAL PUBLIC COMMENT
A time for the members of the public to discuss or express concerns to the Council on any issue not on the agenda. Action will not be taken at the meeting on any issue not on the agenda, except by placement on the agenda by unanimous vote of the Council members present.
NON-PUBLIC HEARING ITEMS -- Items 3 - 48
Public Comment opened Items 3 - 36
Public Comment closed
CONSENT ITEMS Items 3 - 34
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 (July 5, 2011)
3. Smiley's Pizza & Pasta LLC DBA Smiley's Pizza & Pasta, 2101 Mt Rushmore Road for a Retail (on-off sale) Malt Beverage License
4. Smiley's Pizza & Pasta LLC DBA Smiley's Pizza & Pasta, 2101 Mt Rushmore Road for a Retail (on-off sale) Wine License
Public Works Committee Consent Items
5. No. PW061411-03 Approve Change Order No. 1F to Mainline Contracting, Inc. for Fire Hydrant Installation Annual Project for 2010, Project No. W10-1875 / CIP No. 50808, for an increase of $160.82.
6. No. PW061411-04 Approve Change Order No. 1 to RCS Construction for the CSAC Restroom ADA Upgrade, Project No. GB10-1876 / CIP No. 50813, for an increase of $3,112.00. (Rapid City's share will be $1,867.20 and Rapid City School District's share will be $1,244.80)
7. No. PW061411-05 Approve Change Order No. 3 to Zenon Environmental Corporation for the Water Treatment Plant Upgrades Jackson Springs Membrane Prepurchase, Project No. W07-1689 / CIP No. 50696. This is a no cost and no time extension change order.
8. No. PW061411-06 Authorize Mayor and Finance Officer to Sign an Agreement with SD Department of Transportation to purchase highway right of way for the City of Rapid City for Parcel 2A Lot H4 in Tract AR2 of the Needles Subdivision related to the Catron Boulevard Reconstruction, State Project No. NH 2016(17)64, PCN 6875.
9. No. PW061411-07 Authorize Mayor and Finance Officer to Sign a 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 $249,930.00.
10. No. PW061411-08 Authorize Mayor and Finance Officer to Sign First Amendment to Revenue Obligation Loan Agreement between the City of Rapid City and the SD Conservancy District for the SRF Loan received for Water Reclamation Facility Improvements.
11. No. PW061411-09 Authorize Mayor and Finance Officer to Sign Resolution No. 2011-077 to Modify the Revenue Obligation Loan Agreement in Connection with the $5,000,000 City of Rapid City, South Dakota Clean Water Revenue Bond, dated December 15, 2009.
12. No. 11RD001 Section 17 and Section 20, T1N, R9E Approve a request by City of Rapid City for a Resolution naming an unnamed service road within Rapid City Airport as Kitty Hawk Road the service road lying between Airport Road and Terminal Road, located in Section 17 and Section 20, T1N, R9E, BHM, Rapid City, Pennington County, South Dakota, located at Rapid City Regional Airport.
13. No. 11VE012 High Sheridan Ranch Subdivision Approve a request by Fisk Land Surveying & Consulting Engineers for Vivian and Sterling Greni for a Vacation of Power Line Easement for Lot 15 of High Sheridan Ranch Subdivision located in Section 35, T1N, R6E, BHM, Pennington County, South Dakota, more generally described as being located at the southeast corner of the intersection of Sand Lane and Sorrel Court.
14. No. 11VE013 - Fifth Street Office Plaza Approve a request by CETEC Engineering Services, Inc. for Fifth Street Developers, LLC for a Vacation of a Major Drainage Easement for Lot 2 and Lot 3 of Block 2 of Fifth Street Office Plaza located in Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4831 and 4905 Fifth Street.
15. No. 11TP014 Approve the Rapid City Bicycle and Pedestrian Master Plan Final Report.
16. No. PW061411-10 Acknowledge Update on Founders Park Plaza and Rapid City Greenway Trails and Pedestrian Facilities Project PR08-6017.
17. No. PW061411-11 Acknowledge Update on Star of the West Sports Complex.
Legal & Finance Committee Consent Items
18. No. LF061511-11 Confirm appointment of Jane Wasserburger to the Retired Senior Volunteer Program Advisory Board.
19. No. LF061511-12 Confirm reappointment of Jeff Medley to the Rapid City Plumbing Board for a term to expire May 31, 2013.
20. No. LF061511-13 Confirm reappointments of Wayne Gilbert and Michael Goodroad to the Rapid City Human Relations Commission for terms to expire July 1, 2014.
21. No. LF061511-14 Confirm appointments of Jeanne Van Alstyne to fill a vacancy on the Urban Forestry Board for a three year term to expire December 31, 2013 and of Paul Ruder to fill a vacancy (due to a resignation) that will expire December 31, 2011.
22. No. LF061511-15 Confirm appointment of Tim Johnson to fill a vacancy on the Business Improvement District (BID) Board (Hotel) and the reappointments of Kelly Knutson and Josh Uhre with terms expiring August 31, 2014 and confirm the reappointment of Michelle Lintz representing the Convention and Business Bureau.
23. No. LF061511-16 Confirm reappointments of Kyle Blada and Lee Geiger to the Historic Sign Review Committee, with terms to expire July 1, 2014.
24. No. LF061511-04 Approve Event Permit for Firefighter Combat Challenge on July 16-17, 2011.
25. No. LF061511-05 Approve Event Permit for Firehouse Brewing Company for motorcycle parking on the north side of the 600 block of Main Street August 7-12, 2011.
26. No. LF061511-17 Approve request to submit Highway Safety Grant Application.
27. No. LF061511-06 Approve request to waive banner fee for Firefighter Combat Challenge.
28. No. 11TP014 Approve Rapid City Bicycle and Pedestrian Master Plan.
29. No. 11TP015 Authorize the Mayor and Finance Officer to sign a No Cost Time Extension for the Completion of the Piedmont Valley and Black Hawk Neighborhood Area Future Land Use Plan.
30. No. LF061511-03 Approve request from Rapid City Historic Preservation Commission to authorize Mayor and Finance Officer to sign Allocation Award between the State Historical Preservation Office, Office of History and Rapid City Historic Preservation Commission Project Number SD 11-012 in the amount of $16,000.
31. Acknowledge the following volunteers for workmen's compensation purposes: Margaret OLeary, Cynthia Robertson, Spencer Ray.
32. No. LF061511-07 Approve Resolution No. 2011-079 Writing Off Uncollectable Ambulance Billing Accounts.
33. No. LF061511-08 Approve Resolution No. 2011-078 to Add the Hilton Garden Inn to the City of Rapid City's Business Improvement District No. 1.
34. No. LF061511-10 Acknowledge bingo request from The Club for Boys.
Growth Management Department Consent Items
END OF CONSENT CALENDAR
CONTINUED CONSENT ITEMS Items 35 - 36
Remove Items from the Continued Consent Items and Vote on Remaining Continued Consent Items
Continue the following items until July 5, 2011:
35. 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.
36. No. 11PL014 - A request by Sperlich Consulting, Inc. for a Preliminary Plat for proposed Lots 1 through 8 of Block 1, Lots 1 through 6 of Block 2, and Lot 1A and Lot 1B of Block 3 of Prairie Meadows Subdivision, legally described as Tract A of Prairie Meadows Subdivision and Government Lot 4 of Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of West Nike Road and Country Road.
END OF CONTINUED CONSENT ITEMS
NON-CONSENT ITEMS Items 37 - 48
Public Comment opened Items 37 - 48
Public Comment closed
Ordinances
37. No. LF060111-19 Second Reading, Ordinance No. 5720, Regarding Supplemental Appropriation #5 for 2011.
38. No. LF061511-09 First Reading, Ordinance No. 5725, Clarifying the Permissible Fireworks in the City of Rapid City by Amending Section 8.24.020 of the Rapid City Municipal Code.
Growth Management Department Items
39. No. 11PL026 - A request by Mark Avkamp for SBC Archway VII LLC for a Preliminary Plat for proposed Lot 1R and Lot 4R of Block 2 of Commerce Park Subdivision, legally described as Lots 1, 2, 3 and 4 of Block 2 of Commerce Park Subdivision located in Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2320, 2340 and 2350 Sophia Court.
40. No. 11PL027 - A request by CETEC Engineering Services, Inc. for Colonial Pine Hills Sanitary District for a Preliminary Plat for proposed Lot 1A and Lot 1B of Block 1 of Whispering Pines Subdivision, legally described as Lot 1 of Block 1 of Whispering Pines Subdivision located in Section 32, T1N, R7E, BHM, Pennington County, South Dakota, located at 7804 Croyle Avenue.
41. No. 08PL145 - A request by Sperlich Consulting, Inc. for Ronald Shape for a Preliminary Plat for Lot 13 of Block 6, Lots 2 thru 11 of Block 7, Lots 2 thru 11 of Block 8 of Homestead Subdivision, legally described as a portion of the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern terminus of Homestead Street and north of Carl Avenue.
Legal & Finance Committee Items
42. Hills Alive and Memorial Park Discussion
43. Evidence Building and Public Safety Building Parking Ramp Financing Options
Public Works Committee Items
44. No. PW061411-01 Request Authorization to Select Williams and Associates for Design Services Youth & Family Services.
45. No. PW061411-02 Vision 2020 Goal #2 Strategic Beautification Presentation Chairman Pat Roseland.
Bids
46. No. CC062011-02.1 Miscellaneous Well Abandonment Airport Well & Marine Life Well Project No. W11-1949 / CIP No. 50871 (Opened on June 14, 2011)
47. No. CC062011-02.2 Signal Hill Sidewalk Project No. SWK11-1944 / CIP No. 50869 (Opened on June 14, 2011)
48. No. CC062011-02.3 CSAC Second Floor Public Works Renovation Project No. PW11-1962 (Informal Quote)
Mayor's Items
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
Appeals
DARB
License application appeals
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS Items 49 - 70
Open Public Hearing (comment) -- Items 49 - 70
CONTINUED PUBLIC HEARING CONSENT ITEMS Items 49 - 50
Remove Items from the Continued Public Hearing Consent Items and Vote on Remaining Continued Public Hearing Consent Items
Continue the following items until July 5, 2011:
49. 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.
50. No. 11SV004 - A request by Sperlich Consulting, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit and sewer, and to reduce the pavement width from 40 feet to 20 feet along West Nike Road as it abuts the property as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 1 through 8 of Block 1, Lots 1 through 6 of Block 2, and Lot 1A and Lot 1B of Block 3 of Prairie Meadows Subdivision, legally described as Tract A of Prairie Meadows Subdivision, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of West Nike Road and Country Road.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 49 - 70
CONSENT PUBLIC HEARING ITEMS Item 51 - 68
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Growth Management Items
51. No. 11SV010 Approval of a request by Sperlich Consulting, Inc. for SBC Archway VII LLC for a Variance to the Subdivision Regulations to waive the requirement to construct sewer in Fountain Plaza Drive as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lot 1R and Lot 4R of Block 2 of Commerce Park Subdivision, legally described as Lots 1, 2, 3 and 4 of Block 2 of Commerce Park Subdivision located in Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2320, 2340 and 2350 Sophia Court.
Alcohol Licenses
Special Event
52. Rapid City Downtown Association DBA Rapid City Downtown Association for a Special Event Malt Beverage License for an Event Scheduled for July 4, 2011 at Memorial Park.
53. Downtown Rapid City Economic Development Corp DBA Destination Rapid City, 606 Main Street for a Special Event Malt Beverage License for an Event Scheduled for July 24, 2011 on 7th Street between Main Street and St Joseph Street
Package (Off Sale) Malt Beverage and SD Farm Wine License
54. Black Hills Badlands & Lakes Association of South Dakota DBA Black Hills, Badlands & Lakes Association of South Dakota, 1851 Discovery Circle for a Package (off-sale) Malt Beverage & SD Farm Wine License
Transfer
55. Rapid City Arts Council DBA Dahl Arts Center, 713 7th Street (Lot 1-5; N1/2 Vac Alley Adj said Lots; E1/2 Lot 26; all of Lots 27-32; S1/2 Vac Alley adj Lots 28-32; Block 103, Original Town of Rapid City) for a Retail (on-off sale) Malt Beverage License TRANSFER from Rapid City Arts Council DBA Dahl Arts Center 713 7th Street (E1/2 Lot 26; all of Lots 27-32; S1/2 Vac Alley adj Lots 28-32; Block 103, Original Town of Rapid City)
56. Rapid City Arts Council DBA Dahl Arts Center, 713 7th Street (Lot 1-5; N1/2 Vac Alley Adj said Lots; E1/2 Lot 26; all of Lots 27-32; S1/2 Vac Alley adj Lots 28-32; Block 103, Original Town of Rapid City) for a Retail (on-off sale) Wine License TRANSFER from Rapid City Arts Council DBA Dahl Arts Center 713 7th Street (E1/2 Lot 26; all of Lots 27-32; S1/2 Vac Alley adj Lots 28-32; Block 103, Original Town of Rapid City)
57. Dakotamart, Inc. DBA Sooper Dooper Liquors, 913 East St. Patrick Street for a Package (off-sale) Liquor License TRANSFER from Sooper Dooper Markets Inc. DBA Sooper Dooper #1, 913 East St. Patrick Street
58. Metanoia, LLC DBA Fresh Start-Rapid Valley #21, 3800 East Hwy 44 for a Retail (on-off sale) Malt Beverage License TRANSFER from Fresh Start Convenience Stores, Inc DBA Fresh Start-Rapid Valley #21, 3800 East Hwy 44 (annexed into city limits 11/28/2010)
2011-2012 Retail (On-Off Sale) Malt Beverage License Renewals WITH Video Lottery
59. Metanoia, LLC DBA Fresh Start-Rapid Valley #21, 3800 East Hwy 44 for a Retail (on-off sale) Malt Beverage License With Video Lottery (annexed into city limits 11/28/2010)
60. South City Investments LLC DBA South City Billiards, 200 E Main St for a Retail (on-off sale) Malt Beverage License With Video Lottery
2011-2012 Retail (On-Off Sale) Malt Beverage License Renewals NO Video Lottery
61. RC Boston Company LLC DBA Hilton Garden Inn, 815 East Mall Drive for a Retail (on-off sale) Malt Beverage License
62. Sergio & Ana Line Munoz DBA Sabor A Mexico, 208 E North Street for a Retail (on-off sale) Malt Beverage License
2011-2012 Package (Off Sale) Malt Beverage License Renewals
63. Mini Mart Inc DBA Mini Mart #443, 3106 W Main Street for a Package (off-sale) Malt Beverage License
64. Mini Mart Inc DBA Mini Mart #444, 1627 Mt Rushmore Rd for a Package (off-sale) Malt Beverage License
65. Mini Mart Inc DBA Mini Mart #447, 1601 N Haines Ave for a Package (off-sale) Malt Beverage License
66. Mini Mart Inc DBA Mini Mart 451, 4260 Canyon Lake Dr for a Package (off-sale) Malt Beverage License
67. Walgreen Co., DBA Walgreens #05643, 540 Mountain View Road for Package (off sale) Malt Beverage
68. Walgreen Co., DBA Walgreens #10646, 1902 Mount Rushmore Rd for a Package (off-sale) Malt Beverage License
Assessment Rolls
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Items 69 - 70
69. Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of pavement, curb, gutter, sidewalk, street light conduit, water and sewer along Croyle Avenue and the section line highway as they abut Lot 1 of Block 1 of Whispering Pines Subdivision located in Section 32, T1N, R7E, BHM, Pennington County, South Dakota, located at 7804 Croyle Avenue. (11SV009)
70. No. 11SV009 - A request by CETEC Engineering Services, Inc. for Colonial Pine Hills Sanitary District for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along Croyle Avenue and the Section Line Highway and to dedicate additional right-of-way along the Section Line Highway for proposed Lot 1A and Lot 1B of Block 1 of Whispering Pines Subdivision, legally described as Lot 1 of Block 1 of Whispering Pines Subdivision located in Section 32, T1N, R7E, BHM, Pennington County, South Dakota, located at 7804 Croyle Avenue.
BILLS
71. No. CC062011-01 Bill List for June 20, 2011.
EXECUTIVE SESSION for the purposes permitted by SDCL 1-25-2
STAFF DIRECTION
ADJOURN