AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota
6:30 P.M., December 19, 2011
ROLL CALL AND DETERMINATION OF QUORUM
EXECUTIVE SESSION for the purposes permitted by SDCL 1-25-2
STAFF DIRECTION
INVOCATION
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
APPROVE MINUTES for December 5, 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 and 50 - 67
Public Comment opened Items 3 - 48
Public Comment closed
CONSENT ITEMS Items 3 - 48
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 (January 3, 2012)
3. Pilot Travel Centers LLC DBA Pilot Travel Center #918, 2783 Deadwood Ave for a Package (off-sale) Malt Beverage & SD Farm Wine License TRANSFER from Bosselman Travel Centers, Inc. DBA Bosselman Travel Center, 2783 Deadwood Ave.
4. Pilot Travel Centers LLC DBA Pilot Travel Center #918, 2783 Deadwood Ave for a Retail (on-off sale) Malt Beverage License with Video Lottery TRANSFER from Bosselman Travel Centers, Inc. DBA Bosselman Travel Center, 2783 Deadwood Ave.
5. Wolfpack LLC DBA Sam & Louies New York Pizzeria, 2101 Mt Rushmore Rd for a Retail (on-off sale) Wine License
6. Wolfpack LLC DBA Sam & Louies New York Pizzeria, 2101 Mt Rushmore Rd for a Retail (on-off sale) Malt Beverage License
Public Works Committee Consent Items
7. No. PW121311-20 Confirm Appointment of Gale Holbrook and Jim White, and Reappointment of Thomas Allen and DelRita Schouten to the Beautification Committee.
8. No. PW121311-21 Confirm Reappointment of Richard Trapp Mechanical Contractor, Glenn Delabarre Refrigeration Industry, Thomas Aasby Propane Industry, Charles Hammerquist Mechanical Contractor, Steve Malone Mechanical Engineer, and Chino Caekaert Mechanical Installer to the Mechanical Board.
9. No. PW121311-24 Authorize the Mayor and Finance Officer to Sign an Agreement Between the City of Rapid City and Timothy and Charlene Doorn regarding the Sewer Service Line Serving their Property at 4902 West Chicago Street.
10. No. PW121311-01 Acknowledge October 2011 Water and Wastewater Report.
11. No. PW121311-02 Approve Change Order No.1 to Rapid Construction for Frontier Place Reconstruction, Project No. DR07-1679 / CIP No. 50806, for an increase of $10,327.31.
12. No. PW121311-03 Approve Change Order No. 3 to RCS Construction Inc. for Canyon Lake Drive Reconstruction, Project No. WTP10-878 / CIP No. 50004, for a decrease of $1,245.14.
13. No. PW121311-04 Authorize Staff to advertise for bids for 2012 WRF Polymer. Estimated Cost: $80,000.00.
14. No. PW121311-05 Authorize Staff to advertise for bids for Deadwood Avenue Sanitary Sewer and Water Main Extension, Project No. 11-1978 / CIP No. 50891. Estimated Cost: $705,000.00.
15. No. PW121311-06 Authorize Staff to advertise for bids for Fulton Street Sewer and Water Extension, Project No. 12-2000 / CIP No. 50893. Estimated Cost: $82,000.00.
16. No. PW121311-07 Authorize Staff to advertise for bids for Jackson Boulevard Utilities Rapid Creek Bridge to Mt. View Road, Project No. SSW09-1509 / CIP No. 50351. Estimated Cost: $5,000,000.00.
17. No. PW121311-08 Authorize Mayor and Finance Officer to Sign Agreement between City of Rapid City and Ferber Engineering Company Inc. for Professional Services for West Boulevard Sanitary Sewer Reconstruction West Blvd. - Omaha to St. Joseph and St. Joseph West Blvd. to West St., Project No. 11-1961 / CIP No. 50794, in the amount of $59,075.00.
18. No. PW121311-09 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and HDR Engineering Inc. for Professional Services for the Jackson Boulevard and West Main Street Intersection Reconstruction Project, Project No. 11-1945 / CIP No. 50858 in the amount of $136,056.00.
19. No. PW121311-10 Authorize Mayor and Finance Officer to Sign Agreement between the City of Rapid City and Banner Associates, Inc. for Professional Services for Rapid City Regional Airport Water Transmission Main Loop, Project No. 2011-1992 / CIP No. 50892 in the amount of $591,894.00.
20. No. PW121311-11 Authorize Mayor and Finance Officer to Sign Financial and Letting agreement between the Department of Transportation and the City of Rapid City for project P 0044(129)42 PCN 00X9, located on South Dakota Highway 44 (Jackson Boulevard), from Rapid Creek to Mountain View Road consisting of grading, storm sewer, curb and gutter, signals, lighting and portland cement concrete paving (PCCP) deck overlay, approach slabs and right-of-way and project SSW09-1510 PCN X01W, located along South Dakota Highway 44 (Jackson Boulevard) consisting of various improvements to City infrastructure and water quality improvements, and City Utility Project SS09-1509/CIP 50177 PCN X01D.
21. No.PW121311-12 Authorize Mayor and Finance Officer to Sign Covenant Agreement with Hog Wild, LLC for construction of a City Water Main as a part of a Preliminary Plat to create Tract 1 and 2 of Harley Davidson Subdivision.
22. No. PW121311-16 Approve Request from Triple Z Real Estate Development, L.L.L.P., to Waive the Requirement to Immediately Install Sidewalks at Padre Drive, LaCosta Drive, and Angel Way.
23. No. PW121311-17 Approve Request from Triple Z Real Estate Development, L.L.L.P., to Waive the Requirement to Immediately Install Sidewalks at Jolly Lane.
24. No. PW121311-18 Approve the Request of Land and Marine Developments, Inc., to Waive the Requirement to Immediately Install Sidewalks at Rockinon Ranch Estates.
25. No. PW121311-23 Approve Resolution 2011-161 to Correct Resolution 2010-165 and Set a New Construction Fee for Homestead Subdivision, Phase I 16 Water Main Oversizing Project No. DEV 08-901.
26. No. 11TP029 Approve Rapid City Area Metropolitan Planning Organization Public Participation Plan Update Final Report.
27. No. 11TP034 Approve 2012-2016 Transportation Improvement Program Amendment #12-004.
28. No. PW121311-15 Approve Update on Road Testing and Core Sampling
29. No. PW110111-25 Acknowledge Report - Condition of Metering Dam Country Club Drive.
30. No. PW121311-22 Acknowledge Engineering Services Division Report.
31. No. PW121311-25 Acknowledge Report - Update on Canyon Lake Drive.
32. No. PW121311-19a Approve Resolution No. 2011-162, A Resolution to Declare an Emergency Regarding the Mountain Pine Beetle Invasion with the City of Rapid City.
33. No. PW121311-19b - Approve the Mountain Pine Beetle Suppression Plan.
Legal & Finance Committee Consent Items
34. No. LF121411-01 Confirm Reappointment of Dr. Ernest Schabauer to the Journey Museum Board of Directors for a Three Year Term Commencing January 1, 2012
35. No. LF121411-02 Confirm Appointment of Nicholas Kenaston to the Journey Museum Board of Directors to Fill the Unexpired Term of Marsha Hengen (Term to Expire December 31, 2013)
36. No. LF121411-03 Confirm the Reappointment of Ruth Brennan to the Journey Museum Board of Directors for a Three Year Term Commencing January 1, 2012
37. No. LF121411-21 Confirmation of Appointment of Chuck Schilling to the Journey Museum Board of Directors for a Three Year Term Commencing January 1, 2012
38. No. LF121411-22 Confirm Appointment of Rochelle Schultz Brancato to the Journey Museum Board of Directors to Fill the Unexpired Term of Tom Loomis (Term to Expire December 31, 2013)
39. No. LF121411-23 Confirm the Reappointment of Dale Landis, Mark Kjellerson, Jim Schamber, and Kathy Ertel to the Mayor's Committee for Employment of People with Disabilities for Two Year Terms Commencing January 1, 2012.
40. Acknowledge the Following Volunteers for Worker's Compensation Purposes: Brenin Weber, Cathi Legner, Lauryn Soulek, Samantha Smith, and Jared Holter
41. No. LF121411-05 Approve Resolution No. 2011-158 Increasing Change Fund
42. No. LF121411-06 Approve Resolution No. 2011-159 Writing Off Uncollectible Accounts Receivable Accounts
43. No. LF121411-07 - Acknowledge October 2011 Sales Tax Update
44. No. LF121411-20 Acknowledge November 2011 General Fund cash balance update.
45. No. LF121411-08 Authorize Mayor and Finance Officer to Sign City of Rapid City 2012 Aerial Flight Data Collection and Processing Agreement
46. No. LF121411-10 Acknowledge Raffle Request from American Association of University Women
47. Request the Mayor to authorize the City Attorney's office to draft revisions to the noisy animal ordinance and bring back for discussion.
48. No. LF121411-12 Acknowledge report on roofing permits.
Community Planning and Development Services Department Consent Items (None)
END OF CONSENT CALENDAR
CONTINUED CONSENT ITEMS (None)
END OF CONTINUED CONSENT ITEMS
PUBLIC HEARING ITEM Item 49
Open Public Hearing (comment) Item 49
Close Public Hearing (comment) --
Assessment Rolls
49. No. LF121411-13 Resolution No. 2011-143Ba Levying Assessment for Cleanup of Miscellaneous Property.
NON-CONSENT ITEMS Items 50 - 67
Public Comment opened Items 50 - 67
Public Comment closed
Ordinances
50. No. LF113011-15 Second Reading, Ordinance No. 5773, Supplemental Appropriation #7 for 2011.
51. No. LF113011-16 Second Reading, Ordinance No. 5774, An Ordinance Repealing Chapter 1.08 of the Rapid City Municipal Code Relating to Wards and Precincts and Adopting a New Revised Chapter 1.08 of the Rapid City Municipal Code.
52. No. 11OA013 Second Reading, Ordinance No. 5775, An Ordinance Adding Colleges and Universities as a Conditional Use in the Medium Density Residential Zoning District by Amending Section 17.12.030 of the Rapid City Municipal Code.
53. No. LF111611-21A First Reading, Ordinance No. 5779, An Ordinance Modifying the City's Sign Code by Amending Chapter 15.28 of the Rapid City Municipal Code.
54. No. LF121411-17 First Reading, Ordinance No. 5776, An Ordinance Establishing a Minimum Separation between Certain Video Lottery Casinos and Residentially Zoned Property by Adding Section 5.64.030 to the Rapid City Municipal Code.
55. No. LF121411-18 First Reading, Ordinance No. 5777, An Ordinance to Prohibit Vehicle Operators from Parking Next to Curbs Painted Yellow by Amending Section 10.40.020 of the Rapid City Municipal Code.
56. No. LF121411-19 First Reading, Ordinance No. 5778, An Ordinance to Add a Time for Removal of Mountain Pine Beetle Infested Trees by Adding Section 12.40.105 to the Rapid City Municipal Code.
Community Planning and Development Services Department Items
57. No. 11PL051 - A request by Renner & Associates, LLC for Hog Wild, Inc. for a Preliminary Plat for proposed Tracts 1 and 2 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.
58. No. 11PL062 - A request by Arleth & Associates for a Preliminary Plat for proposed Lots 4A and 5A of Block 2 of Rushmore Crossing, legally described as Lots 4 and 5 of Block 2 of Rushmore Crossing and the north 1/2 of vacated Sunnyside Avenue, the east 1/2 vacated Riley Avenue and the vacated portion of Cambell Street adjacent to said Lot 5 located in the W1/2 SW1/4 of Section 29 and the E1/2 SE1/4 of Section 30 all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Eglin Street and east of Luna Drive.
Legal & Finance Committee Items
59. No. LF121411-04 Approval of Community Investment (Subsidy) Recommendations from the Allied Arts - $95,000.
60. No. LF121411-16 Authorize the Mayor and Finance Officer to Sign City Helpline Agreement.
61. No. LF121411-15 Request for direction regarding appointed positions: Assistant City Attorneys, Assistant Finance Officer, City Engineer.
Public Works Committee Items
62. No. 11TP032 Arterial Street Safety Study Draft Report.
Bids
63. No. CC121911-02.1 Five (5) 2012 Police Car(s), Rapid City Police Department (Opened on December 6, 2011)
64. No. CC120511-02.2 Rapid City Greenway Trails and Pedestrian Facilities Project, City of Rapid City Project No. PR08-6017 / SDDOT Project No. EM 8052(59) PCN 010E (Opened on December 8, 2011)
65. No. CC121911-02.3 High Nitrate Content Hay Bales, Water Reclamation Division (Opened on December 13, 2011)
Alcoholic Beverage License Applications for Reissuance
66. Yellow Robe Enterprises LLC DBA Dacotah Liquors, 418 Knollwood Dr for a Package (off-sale Liquor License
Mayor's Items
66a. CC121911-04a - Resolution #2011-172 A Resolution to Waive City Landfill Charges for Trees Greater than 24 Inches in Diameter that are Collected and Disposed of pursuant to the Mountain Pine Beetle Suppression Plan
Council Items & Liaison Reports
Reconsideration Notices
Motion for Delivery of Items from Committee
Staff Items
Appeals
DARB
License application appeals
67. No. CC121911-04 - Appeal by LaPrade Roofing of Revocation of Residential Roofing Contractor License by Residential Contractor Board
Sign Code Appeals
Other Appeals Heard by the Council
CIP Committee Items
PUBLIC HEARING ITEMS Items 68 - 77 [Public Hearing Remains Open]
Open Public Hearing (comment) -- Items 68 - 77
CONTINUED PUBLIC HEARING CONSENT ITEMS (None)
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Close Public Hearing (comment) -- Items 68 - 77
CONSENT PUBLIC HEARING ITEMS Item 68 - 75
Remove Items from the Consent Public Hearing Items and Vote on Remaining Consent Items
Community Planning and Development Services Items
68. No. 11SV021 Approve a request by Arleth & Associates for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer and to reduce the width of the access easement from 59 feet to 26 feet as per Chapter 16.16 of the Rapid City Municipal Code for proposed Lots 4A and 5A of Block 2 of Rushmore Crossing, legally described as Lots 4 and 5 of Block 2 of Rushmore Crossing and the north 1/2 of vacated Sunnyside Avenue, the east 1/2 vacated Riley Avenue and the vacated portion of Cambell Street adjacent to said Lot 5 located in the W1/2 SW1/4 of Section 29 and the E1/2 SE1/4 of Section 30 all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Eglin Street and east of Luna Drive.
Alcohol Licenses
Transfer
69. Tady LLC DBA Teddys Sports Grill, 826 Main Street for a Retail (on-sale) Liquor License TRANSFER from Colt 45 Entertainment LLC DBA Divas-n-Rockstars Karaoke Nightclub, 826 Main Street
New License for 2012
70. Running Supply, Inc DBA Lena's Liquor, 1020 N LaCrosse Street for a Package (off-sale) Liquor License
Retail (on-sale) Liquor License Renewal for 2012
71. Tady LLC DBA Teddys Sports Grill, 826 Main Street for a Retail (on-sale) Liquor License
72. Roadway LLC DBA Roadway LLC, 2208 Mt Rushmore Rd for a Retail (on-sale) Liquor License
73. Arnolds Inc DBA Buck-N-Gator, 4095 Sturgis Rd for a Retail (on-sale) Liquor License (RL-5878)
Package (off-sale) Liquor License Renewals for 2012
74. Nauman Flying Service Inc DBA Autumn Hills Plaza Liquor, 5312 Sheridan Lake Rd 103 for a Package (off-sale) Liquor License (PL-4423)
Assessment Rolls
75. No. LF121411-14 Resolution No. 2011-145B Levying Assessment for Cleanup of Miscellaneous Property.
Other Items Requiring Public Hearings
END OF CONSENT PUBLIC HEARING CALENDAR
NON-CONSENT PUBLIC HEARING ITEMS Items 76 - 77
76. Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of street light conduit and water along Tatanka Road as it abuts Tract 2, to install pavement, curb, gutter, sidewalk, street light conduit, sewer and water along Tatanka Road as it abuts Tract 1, to install sewer, water and street light conduit along Harley Drive and to install sewer and water along Interstate 90 as they abut Lots 1-3 of R&L Subdivision and the unplatted balance of the SW1/4 of Section 22 and the unplatted portion of the N1/2 lying north of Interstate 90 of Section 27 all located in T2N, R7E, BHM, Rapid City, Pennington County, South Dakota to be known as Tracts 1-3 of Harley-Davidson Subdivision, located at south intersectino of Tatanka Road and Harley Drive. (11SV018)
77. 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 Drive 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.
BILLS
78. No. CC121911-01 Bill List for December 19, 2011.
ADJOURN